Dental Malpractice?? ?

I had a root canal done back in January on an upper left molar. Off and on up until May I experienced some major pain in the area. Finally I went to another dentist closer to where i work. The other dentist couldn't see anything so reffered me to an endodontist. The endo informed me that a broken file was stuck in the canal and it was not complete. The 1st dentist never informed me of the broken file and didnt even come close to finishing the root canal and left me all this time in major pain. The endo wrote a report on his findings. I brought the report to the original dentist who did the root canal. The dentist didnt admit to anything and said i would have to see the endo to get it removed and didnt offer to cover the costs. I contacted the dental board and it looks like they are going to side with me. My question is this considered malpractice as the dentist didnt inform me of the broken file and I missed several days of work due to extreme pain, I know the dental board will discipline him but it wont put the money back in my pocket. It sickens me that so many dentists look after each other. THe endo wouldnt say anything at first because he thought the dentist who referred me to him was the culprit. After i explained it was from another dentist he was willing to write a report. Im sick and tired of dentists taking advantage of people like this and looking out after their own. I know there are good dentists with morals, but i havent found any in my area. My question is can i file a lawsuit as it was negligence on the dentists part and below the standard of care. I want my sick pay back as well cause he did that to me. Any suggestions?
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The malpractice was leaving a broken file in your jaw, not the part where he did not tell you about it. It sounds like you have a good malpractice case.
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