Episode 9 · May 3, 2026 · A Healthy Conversation
with Tim Kenlan · Trial Attorney
About this episode
Trial attorney Tim Kenlan, a partner at the Maine firm Berman & Simmons, joins co-hosts Dr. Lisa Belisle and Dr. Jeff Barkin to talk about what plaintiff work really involves. He represents individuals and families after a life has been disrupted by serious injury, the loss of a loved one, or the lasting effects of abuse. At the center of his practice is a simple idea: a society held together by the rule of law depends on accountability, and on making things right when someone is harmed by another's negligence.
Much of the conversation turns to medical malpractice and the distinction between a bad outcome and a true legal error. Kenlan explains that a difficult result is not the same as negligence, and that most cases trace back to systemic and institutional failures rather than individual practitioners. He and the two physicians discuss the standard of care, informed consent, and how legal accountability can strengthen patient safety. The contingent fee system, he notes, gives people access to representation regardless of their means.
Kenlan also describes trauma informed lawyering, an approach that helps survivors regain a sense of healthy power and control. He speaks with care about why people come forward, often many years later, and how the legal process can support dignity and healing. Justice, he reminds listeners, can mean answers, safety, and the ability to move forward.
Mentioned in this episode
More from Tim Kenlan at Berman & Simmons
From this episode
“I think we live in a society that functions because of the rule of law. Everybody has responsibilities and privileges in this society based on our Constitution, based on the laws that each state passes. And society doesn't continue to function if those standards aren't upheld, if people aren't held accountable.”
“A bad outcome does not mean that malpractice has occurred. There are risks and uncertainties with any medical procedure, any interaction with a provider, and we spend a lot of time looking through records and speaking with doctors to try to find out what happened here.”