In a word, no.
The doctor does not have any obligation to take every patient, and doctors would be within their rights to decide that someone whose relatives were already on red alert asking questions might become a "problem" later. It may not be fair but it is the way our system works.
Now, your father and his condition may or may not be related somewhat, completely, or not at all to the doctor's conduct. Regardless, this is not malpractice and it is not negligence. It is poor bedside manner, poor communication, or perhaps overzealous patient advocates, or maybe even a doctor concerned about being paid. Either way, it is not a case that can be won under any theory of which I am aware.
Your dad should find a new doctor and move forward on getting the knee replacement and see a therapist regarding his suicidal issues.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Agree that probably an instance of the doctor becoming perhaps overly sensitive to family questions. The delay in scheduling the surgery alone, though regrettably prolonging your father's pain, would not rise to the level of malpractice. Many calls attorneys receive regarding malpractice questions, are prompted by poor physician "bedside manner"; not unusual but not malpractice. Good luck finding another orthopedic surgeon and good luck to your father.
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