does lack of treatment = malpractice?

Texas
I saw an orthopedist for a broken right ankle which was received in a head on car collision. His first inclination for treatment was a closed reduction. Then he said no not a closed reduction but an open reduction would be necessary, but he wanted to consult with radiology in regards to fragments of the tibia possibly being present. Over the course of the next few weeks, I heard "yes you need surgery, no you don't need surgery, you may need surgery, you may need a fusion later, and finaly, we are just going to leave it alone." I got concerned over his lack of continuity and consulted a second opinion. Three successive orthopedists say that my fracture was very bad and should have had immediate surgery, but, since it had started healing (the healing was not anatomically correct) I would need to wait until the healing was finished and start all over. They also stated that straightening an incorrectly healed fracture like mine is going to be more difficult to repair than it would have if immediate surgery was performed. Is this lack of treatment malpractice?