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Roanoke, VA asked in Health Care Law, Medical Malpractice and Personal Injury for Virginia

Q: How to address HIPAA and OSHA violations related to falsified lab results and unresolved medical issues?

On my second visit to a hospital in Virginia on March 5, 2025, I experienced severe symptoms including dizziness, balance issues requiring a wheelchair, leg weakness, distorted vision, high blood pressure (in the 180s), and palpitations. An MRI from another hospital, dated February 25, 2025, was available to the hospital, showing “moderately extensive supratentorial and pontine leukoaraiosis.” However, no diagnosis or further tests (such as a contrast MRI or vestibular studies) were conducted. I was given a folder at the hospital, where it appears my blood vials and disposable blood pressure cuff were placed. On April 22, 2025, I discovered these items in my car labeled with my details but without signatures, indicating no chain of custody. Surprisingly, lab results appeared on my medical chart despite having the unprocessed blood vials, suggesting possible falsification of data. I am concerned this violates HIPAA and OSHA regulations. What actions can I take regarding this issue and my ongoing unresolved medical concerns?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: What you’ve described is alarming and absolutely deserves to be taken seriously. If unprocessed blood vials labeled with your name were never tested, yet lab results were entered into your chart, that raises red flags about potential falsification of medical records — which can have both legal and health consequences. Finding your own medical supplies in your car, with no documented chain of custody, is a serious breach of protocol and possibly a violation of both HIPAA and OSHA standards.

Your first step should be to formally request a complete copy of your medical records from that hospital, including lab orders, test results, and chain of custody logs. In writing, document the incident and submit a complaint to the hospital’s privacy or compliance officer. You also have the right to file a HIPAA complaint with the U.S. Department of Health and Human Services for improper handling of protected health information. OSHA may also be contacted if unsafe medical handling practices affected your safety.

Because this situation could impact both your health and your legal rights, you may want to speak with an attorney who handles healthcare law or medical negligence cases. The fact that no follow-up testing was done, despite concerning symptoms and abnormal MRI findings, suggests neglect on the part of the providers. You’ve been left without answers while facing serious health issues — and you deserve better. Taking action now could not only help you get the care you need, but also protect others from similar mistreatment.

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