It was the largest battle of World War II. But chances are you never heard of it. The Battle of Kursk, in Russia, occurred in July, 1943, and no American troops were involved. The number of combatants is staggering The Russian defenders included 1.3 million soldiers, 3,600 tanks, 20,000 artillery pieces, and 2,400 aircraft. The German attackers numbered 800,000 soldiers. They had 2,700 tanks and assault guns, and 1,800 aircraft. The tanks included new models that were clearly better than the Russian armor.

The Battle of Kursk offers the key to understanding the question: Why do plaintiffs lose most medical liability cases? Here's the answer: Plaintiffs fail at overcoming defenses. No, it does not lie in having "better" expert wit- nesses, or more expert witnesses, or even having the better lawyer. Kursk teaches the lesson well. Why? Because the German Army had better soldiers, better leaders and better equipment. They were more experi- enced too. (If you are uncomfortable thinking of yourself as a part of the German Army, well you should be -- but that's the way the defendants and most jurors see you!)

So why didn't the German Army win the Battle of Kursk? They could not overcome defenses. That's what you must do in a medical liability case. Too often, you lose because you don't really consider, much less overcome _______________________

Facing 400,000 land mines, the German Army attacked on the north and south of a bulge in the Russian lines. The Germans planned to push through defenses and link up behind the massed Russian armies. They had done this before in Kiev, capturing over 500,000 Russian soldiers. Speed and mobility were the key. The German armies had invented the concept, called blitzkrieg, or lightning war. The plan called for this to happen in four days.

The attack was planned for 3:00 a.m. on July 5. But the Russians were prepared. At 2:20 a.m. the Russians launched a defensive barrage, firing millions of shells and rockets. Here's the effect, "The earth trembled and bushes and trees exploded in flames by spontaneous combustion from the intense heat. The German troops were frozen with fear, unable to move or even scream at times and other times driven to howling like animals while desperately trying to bury themselves deeper to escape the terror, while clutching one another like children."¹

Despite this stunning defense, the German attack went forward pretty well. The tanks and planes pushed through the first line of defense on the first day. Within days, they battered their way up to the third line. Victory _______________________