Medical malpractice has direct and indirect costs, which includes defensive medicine. Studies put the costs of malpractice between five and ten percent of all total medical costs. During the course of many medical malpractice settlements, plaintiffs have to convince the court by providing them with a prevalence of truthful information. The judge and/or jury must then consider all the evidence and decided which party is legally at fault. Should the plaintiff win the settlement, the damages will be evaluated within the judge's instructions. Of course having an attorney present during all legal instances is the most advisable thing to do.