Migliaccio & Rathod LLP is investigating whether HCA Healthcare facilities and affiliated occupational health providers used race-based reference values when interpreting pulmonary function tests, potentially affecting medical diagnoses, workplace fitness determinations, disability evaluations, and treatment decisions.
Spirometry measures how well a person’s lungs function. Historically, some testing systems adjusted expected lung capacity based upon a patient’s race. Many medical organizations have since recommended moving to race-neutral reference standards after concluding that race is a social construct rather than a biological measurement capable of accurately predicting lung function.
What Patients Report
Patients report:
- Receiving lung function test results that appeared inconsistent with their symptoms.
- Being told their lung function was “normal” despite ongoing breathing problems.
- Being denied additional pulmonary evaluation or treatment.
- Receiving adverse employment or disability determinations after pulmonary testing.
- Learning that race-specific reference values may have been used.
- Difficulty obtaining repeat testing using updated standards.
Why Patients Should Be Concerned
Pulmonary function testing influences important medical and employment decisions, including diagnoses of chronic lung disease, disability determinations, workers’ compensation claims, and occupational fitness evaluations. If race-specific reference values understated lung impairment, some patients may have experienced delayed diagnoses or reduced access to treatment and benefits.
This investigation seeks to determine whether HCA Healthcare facilities continued using race-based spirometry reference values after race-neutral standards became widely recommended and whether affected patients received appropriate follow-up.
Potential Claims May Include
- Healthcare Discrimination
- Consumer Protection
- Medical Negligence
- Violation of Section 1557 of the Affordable Care Act
- Violation of Title VI of the Civil Rights Act
Signs You May Be Affected
You may be affected if:
- You underwent pulmonary function testing at an HCA Healthcare facility or affiliated occupational health clinic.
- You are Black, Hispanic, Asian, or another racial minority.
- You were told your lung function was normal despite persistent symptoms.
- Your test results affected employment, disability, or workers’ compensation benefits.
- You were denied additional evaluation or treatment.
- You believe race affected how your spirometry results were interpreted.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.