What should I do if I feel that my mother was mistreated by a doctor?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.

Unless you have a power of attorney, you can do nothing and it is your mother's call to make. Keep in mind that medical malpractice cases are always difficult, expensive and time consuming, no matter how clear the liability may seem. I have known doctors to say one thing in private, but later will never admit to having said it. Unless the consequences are catastrophic, it may be cost-prohibitive to take any legal action, merits or not.

It takes a medical expert to answer your question. Medical malpractice lawyers typically have one available. Consider consulting one. Good luck.

Until she suffers harm from the malpractice, if there was malpractice, there really is no case. Just keep track of everything and if, a big if, she has suffered harm because the medical personnel could have done something for her that wasn't done because the test wasn't given, then you might have case.