If you’re considering a medical malpractice lawsuit against a podiatrist in New York, you may be wondering who you’re truly up against. On paper, it may seem like you’re suing the doctor who treated you—but in reality, the party calling the shots is often someone else entirely.
What Happens After a Botched Foot Surgery?
Let’s say you underwent foot surgery in New York, and things didn’t go as planned. Maybe your condition worsened, or you needed multiple corrective surgeries. You’ve hired a lawyer, filed your case, and now you’re asking:
- Will there be a settlement?
- Will the doctor’s side negotiate or dig in their heels?
- Who actually makes these decisions?
The answer? It’s not just your podiatrist. In fact, the real decision-maker is usually the malpractice insurance company backing the doctor.
The Real Party Behind a Medical Malpractice Lawsuit
In New York malpractice cases, the doctor or podiatrist is the person officially named in the lawsuit. They may have to:
- Sit for a deposition
- Provide medical records
- Testify in court if the case goes to trial
But behind the scenes, the malpractice insurance company is the one with the real power. They:
- Assess the risk of going to trial vs. settling early
- Pay for the defense attorney
- Handle settlement negotiations
- Decide how much, if anything, they’re willing to offer
Why This Matters to Your New York Malpractice Case?
Insurance companies approach these lawsuits very differently from doctors. While a doctor may feel personally attacked, an insurance company evaluates your claim based on risk and cost—not emotion.
They ask:
- What’s the chance we’ll lose in court?
- How much could we have to pay if we do?
- Can we resolve this for less money now?
These companies use algorithms, historical data, and financial modeling to guide decisions. Sometimes they’re willing to settle if they know they have exposure. Other times, they dig in and force plaintiffs to fight it out in court.
What You Need to Know as a Plaintiff in New York?
If you’re suing a podiatrist in New York, understand that while the doctor is part of the process, it’s usually an insurance adjuster you’ve never met who’s making the key financial decisions.
That adjuster often has the final say on whether to offer a settlement—and how much it will be. In most cases, the podiatrist still needs to sign off on the deal, but they aren’t usually the one driving negotiations.
This insight is critical when setting your expectations. Negotiating with an insurance company is very different from presenting your story to a jury. Juries can be sympathetic. Insurance adjusters? Not so much. They care about minimizing losses, plain and simple.
Need Help With a Podiatry Malpractice Claim in New York?
If you’ve suffered complications after foot or ankle surgery and believe your podiatrist may be at fault, we’re here to help. Understanding how malpractice cases work in New York, especially when insurance companies are involved, is key to protecting your rights and pursuing fair compensation.
Contact us today to speak with a New York malpractice attorney who can guide you through every step.