In a medical malpractice action, district court judgment is affirmed where the forum selection clause contained in two preoperative consent forms signed by plaintiff was mandatory and thus the Commonwealth Court of First Instance was the exclusive venue for any claims against the hospital. The nature of the instant action does not preclude enforcement of the forum selection clause, nor is the clause invalid for fraud, overreaching, or violating public policy.
Appeal from the United States District Court for the District of Puerto Rico.
Decided: July 31, 2009
Before Torruella, Lipez, and Howard, Circuit Judges.
Opinion by Lipez, Circuit Judge.
For Appellant: Seth A. Erbe.
For Appellee: Heidi Rodriguez.