Information & Resources for Venue Reform in Pennsylvania: Helping You Protect Your Practice and Personal Assets

The Pennsylvania Supreme Court rescinded the venue reform rule effective January 1, 2023. Since then, plaintiffs have once again been able to “forum shop” and file lawsuits in counties they believe to be more favorable, such as Philadelphia or Allegheny County, even if care was provided elsewhere.

In late 2023, Curi recommended that Pennsylvania practices administering care outside Philadelphia or Allegheny County add a venue/forum selection consent clause to their annual patient documentation.

On July 30, 2025, the Superior Court of Pennsylvania issued a unanimous decision in Somerlot v. Jung, upholding a forum selection clause in a medical malpractice case. The plaintiffs originally filed the suit in Philadelphia, but the court ruled the case must proceed in Bucks County due to the agreement signed at the time of care.

While this is encouraging, there are limitations. Courts may still scrutinize these agreements carefully and may not enforce them in all situations—particularly in Wrongful Death cases, where beneficiaries (not the patient) bring the claim.

Action Steps for Your Practice

If your practice has not yet implemented a forum selection clause or needs updated verbiage, below are three sets of resources to utilize depending on where your practice operates.

Option One: The following resources are available to view/download for practices that do not provide care in unfavorable venues, such as Philadelphia/Allegheny

• Practice Instructions [PDF]
• Front Desk Talking Points [PDF]
• Optional Venue Consent Form Additional Information [WORD], which may be provided to patients who request additional information
• Venue Consent Form [WORD] for patients to sign in appropriate circumstances

Option Two: The following resources are available to view/download for practices that operate and/or provide care within counties such as Philadelphia/Allegheny, but also do so within more favorable counties

• Practice Instructions [PDF]
• Front Desk Talking Points [PDF]
• Optional Venue Consent Form Additional Information [WORD], which may be provided to patients who request additional information
• Venue Consent Form [WORD] for patients to sign in appropriate circumstances

Option Three: The following resources are available to view/download for practices that provide telehealth services in addition to in-person clinical services

• Refer to Practice Instructions and Front Desk Talking Points under options one and two.
• Optional Venue Consent Form Additional Information [WORD], which may be provided to patients who request additional information
• Venue Consent Form [WORD] for patients to sign in appropriate circumstances

Important Note: We have had practices indicate intent to terminate patients who refuse to sign these agreements. As always, we encourage you to reference and comply with our standard guidelines and precautions outlined in our Risk Management Guide: Patient Dismissal (log into Curi’s site first before clicking this resource link) any time your practice considers termination of a relationship with a patient.

Protecting Your Personal Assets

At Curi, we’re supporting you in and beyond the clinic—helping safeguard your financial and personal well-being. Here are three key legal considerations for Pennsylvania physicians:

1. Forum Shopping – Pennsylvania allows plaintiffs to “forum shop” meaning, they can file suit in any county, not necessarily the county where the alleged negligence occurred. This may be shifting following a recent Superior Court decision (Somerlot v. Jung, August 2025), though appeals to the state Supreme Court remain possible.
2. Damage Caps – Pennsylvania continues to have no general caps on compensatory (economic or non-economic) damages in medical malpractice cases involving private entities, which can increase potential verdicts against physician defendants. Plaintiffs can still pursue full recovery for pain, suffering, future care needs, etc.
3. Homestead and Real Estate Protection – Pennsylvania does not recognize a homestead exemption at the state level for protection against creditors—but Pennsylvania law strongly protects tenancy by the entirety (TBE). When real estate or accounts are held as TBE, individual creditors of one spouse cannot levy or execute on that property, because the asset is owned by the marital unit, not individually (though joint creditors (i.e., creditors of both spouses) can reach such property). This protection applies to both real estate and accounts like brokerage or bank accounts, where tenancy by the entirety is available.

These considerations make it especially important for PA physicians to have a strong plan in place for protecting their assets. For additional information and resources on asset protection strategies for physicians, we encourage you to consult the following resources from Curi Capital.

• Recorded Webinar: Asset Protection for Physicians: What You Need to Know
• Litigation Education: Protecting Your Assets in a Litigious World
• Safeguarding Your Financial Future

 Contact us if we can provide additional information or connect you with a financial advisor. 800-328-5532.

While we have found the information contained herein to be useful for others and hope it will be helpful for you, please be aware that there are no guarantees. The information provided in this instruction document and related documents is being provided as informational, is not legal advice, and does not serve as a substitute for legal advice.  Use of this information may not prevent a lawsuit, claim, or complaint from being filed against a practice using the material, and may not be successful for the purpose intended.  For legal advice, please contact your personal or corporate counsel. Referenced Insurance Underwritten by one of the following entities: Arkansas Mutual Insurance Co., Medical Mutual Insurance Company of North Carolina, Medical Security Insurance Company, MMIC Insurance, Inc., MMIC Risk Retention Group, Inc., and UMIA Insurance Inc.