Malpractice is due to medical errors. There is no law which requires a private doctor from accepting partial payment before operating in any circumstance. It could have been possible for your wife to seek other medical attention who could have helped her instead of waiting. To sustain a medical malpractice case the plaintiff would bear the burden of proving that the doctor owed you a duty, that they failed to exercise reasonable care of that type of medical professional and they were the actual and proximate cause of her injuries. Again there is no law obligating the doctor to operate despite of lack of payment. His obligations would arise if he had actually started the procedure and then discontinued.
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