Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form

The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and defendant-facility as to venue and transferred the case to the Bucks County Court of Common Pleas based upon the venue selection clause in the surgical consent form. 

This opinion emphasizes a party’s right to contract for a proper venue prior to initiating litigation. Notably, to form a contract, there must be an offer, acceptance and consideration. The Superior Court held that the plaintiff-patient was free to reject the contract entirely or propose a counter offer, reject the venue clause, prior to consenting to surgery, but she failed to do so. 

Because the plaintiff-patient was afforded a meaningful choice when she signed the consent-to operate contract, the contract was valid, and the venue-selection provision was enforced. Venue was appropriately transferred to the Bucks County Court of Common Pleas.
 

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