I have back pain, I was to have ,surgery but the pain hospital will not do the surgery because I had a problem with a different Dr. at the pain clinic

The descrption you have posted wouldn't necessarily be medical malpractice, unless you can show the failure to do the surgery has caused you to have a more serious and perhaps permaneant problem with the delay. The obvious answer is to simply look for another surgeon to do your surgery who may be affiliated with a different hospital. It is well advised anyhow, as we routinely recommend to our clients to get a second opinion befofre having spine surgery.