Opalko v. Marymount Hospital, Inc.

The issue raised before this court concerns whether R.C. *642305.11(B) violates the Equal Protection Clauses of the United States and Ohio Constitutions.

Our recent opinion in Schwan v. Riverside Methodist Hospital (1983), 6 Ohio St. 3d 300, examined this precise issue and explored the language contained in R.C. 2305.11(B). The Schwan opinion stated that a portion of this statutory section created an irrational classification in contravention of the Equal Protection Clause found in Section 2, Article I of the Ohio Constitution.

R.C. 2305.11(B) provides:

“In no event shall any medical claim…