Patient Consent and Venue-Selection Clauses: What Patients Need to Know

When most people arrive at a doctor’s office or hospital and are asked to sign consent forms, they often skim the paperwork or do not read it at all before signing. Whether patients feel rushed, do not understand the medical or legal language, or simply trust that the forms are routine, this quick signature can have serious consequences later.

Many Pennsylvania healthcare providers now include venue-selection clauses in their patient consent forms. These clauses can determine where a future medical malpractice lawsuit must be filed, and that choice of location can directly affect a patient’s ability to pursue a favorable outcome.

What is a Venue-Selection Clause?

A venue-selection clause is a contractual provision that requires any future legal dispute to be filed in a specific county.

For example, if a patient is injured at a hospital in Delaware County, Pennsylvania, the patient might prefer to file a lawsuit in another county, such as Philadelphia or Chester County, if venue would otherwise be legally proper, meaning Pennsylvania law allows the case to be filed there because a sufficient legal connection exists, such as the defendant living or regularly conducting business in that county or relevant events occurring there. However, if the patient signed a consent form containing a venue-selection clause requiring all lawsuits to be filed in Delaware County, the patient may be legally barred from filing the case anywhere else in the state.

In short, the clause predetermines the court location before any injury or malpractice occurs.

How Pennsylvania Venue-Selection Clauses Have Changed

For more than 20 years, Pennsylvania law required medical malpractice lawsuits to be filed only in the county where the medical care was provided. That requirement was created under the MCARE Act of 2002 and implemented through Pennsylvania Rule of Civil Procedure 1006(a.1).

In 2023, the Pennsylvania Supreme Court rescinded Rule 1006(a.1). As a result, medical malpractice cases were once again permitted to follow the same venue rules as other civil actions. This allowed plaintiffs to file suit in any county where venue is legally proper, which led to an increase in cases being filed in traditionally more plaintiff-friendly venues, including Philadelphia.

In response, many hospitals and healthcare providers began adding venue-selection clauses to their patient consent forms. These provisions require that any future lawsuit, including a medical malpractice claim, must be filed in the county where the care was provided.

In a recent decision, Somerlot v. Jung, M.D., 2025 PA Super 166, the Pennsylvania Superior Court confirmed that these clauses are enforceable. In that case, the patient signed a consent form selecting Bucks County as the required venue but later filed suit in Philadelphia after an alleged surgical injury. The court transferred the case to Bucks County, reinforcing that clearly written venue-selection clauses will generally be upheld.

What The Latest Ruling Means for Malpractice Cases in Pennsylvania

The Somerlot v. Jung decision carries significant implications for medical malpractice cases in Pennsylvania.

Patients who sign a consent form containing a venue-selection clause may now be required to bring any malpractice claim in the county listed in that agreement, even if another county would otherwise be legally available or more favorable to their case.

At the same time, hospitals and healthcare providers can use these clauses to control where malpractice litigation will take place, creating greater predictability for defendants.

Know Your Rights Before Signing

Patients should understand that a venue-selection clause can limit where a lawsuit may be filed if a medical malpractice claim later arises. By signing a consent form containing this language, you may be giving up the right to choose a different venue in the future.

Before signing, it is important to carefully review the consent form and understand its legal impact.

A venue-selection clause will typically look similar to the following:

“NOTICE: Any legal claims or civil actions, including, but not limited to, a claim for medical malpractice in any way related to this admission, evaluation, procedure, treatment, and following medical services provided by [the practice] or its employees, shall be brought solely in the courts of the county in which care is provided, in the Commonwealth of Pennsylvania.

If you do not agree with the above, you must initial here ____ or you will be bound by the agreement.”

Contact Our Medical Malpractice Attorneys to Discuss Venue-Selection Clauses

If you have questions about how this recent ruling may affect your rights, or if you are unsure about the language in a patient consent form you have signed, our medical malpractice attorneys at Friedman Schuman Layser are here to help. Contact us today to discuss your situation and learn more about your legal options.