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David Eugene Smith

Medical malpractice Attorney at Sacramento, CA

5.0   16 reviews
Virtual consultation available
Virtual consultation available
  • Licensed for 47 years
    State CA
    Acquired 1976
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About David

Learn David’s areas of practice.

THERE IS NO SUBSTITUTE FOR EXPERIENCE – ESPECIALLY IN THE PRACTICE OF LAW! CALL US TODAY!

In his 30-year legal career, attorney David Smith has learned that when people are seriously injured, or have lost a family member because of someone's negligence or carelessness, they want their attorney to possess three essential qualities: Experience, Compassion, and Integrity, as well as a track record of proven results in tough cases in the courtroom.

 

David's experience spans decades of providing aggressive and effective advocacy for seriously injured plaintiffs throughout California and all 50 states. In recognition of his many significant jury verdicts and settlements in a wide range of serious injury cases, David Smith has been selected for membership in ABOTA, the American Board of Trial Advocacy. Membership in ABOTA is an honor which is granted only to those advocates and trial attorneys who are recognized by their peers in the legal community to possess the highest level of trial advocacy skills and professional ethics.

 

Traumatic brain injury, spinal cord injury, paralysis, burns, medical malpractice, disability discrimination, birth injuries, nursing home and elder abuse, and medication error cases are among the most complex and challenging types of personal injury cases for an attorney to effectively litigate or take to jury trial. The trial attorney must master the complex medical issues, communicate to the jury the catastrophic effect of serious injuries upon human lives, and possess the ability to credibly establish the financial loss and damages, emotional trauma, and pain and suffering experienced by accident victims.

 

David is widely recognized and respected for his hard-earned medical and pharmaceutical knowledge and experience. He has been a frequent lecturer to other attorneys, as well as to health care providers, on a wide range of medical topics and the handling of complex medical issues. This experience provides him with a keen understanding of the causes as well as the long term consequences of catastrophic physical injuries.

 

He has lectured on a wide range of medical-legal issues including the cross examination of medical expert witnesses, the effective presentation of medical evidence at trial, medication and drug errors, the trial of medical and pharmacy malpractice cases, internet medical research, and medical technology, including the obtaining and effective use of electronic medical records (EMR).

 

 

Most importantly, David puts his experience and expansive medical knowledge to work for each and every one of his clients to insure that they receive the maximum compensation possible for their injuries and losses.

Awards

AV Preeminent Peer Review Rating
Client's Choice 2014
Client's Choice
2014

Contact David

Smith Zitano Law Firm LLP
641 Fulton Ave
Suite 200
Sacramento, CA, 95825

Reviews

5.0 / 5.0
  16 customer reviews
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Client's Choice 2014
Client's Choice
Client's Choice is an Avvo award granted to attorneys with a significant number of client reviews over 4 stars in a given year.
Posted by Vanessa | December 1, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Best decision by far!
After loosing our 5 week old son, we knew something had gone wrong. When we reached out to David and his team, it was of great relief that someone understood my concerns as a mother as I felt heard! David really went out of his way to help us in one of our biggest grieving moments. The hospital we had went to not only failed our son, but everyone who was there to support us along the way. I can not be more thankful with all the quick responses, the detailed emails, the overall compassion I felt along the way. We will forever be grateful to David & his team for bringing justice in honor of our son! Best decision by far, was allowing them to take our case!
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Posted by Davis | October 28, 2020
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Great Attorney | Great Results
Very committed crew! I quite advise to any federal worker. David could be very knowledgeable and helped me solve an employment difficulty which led to an outcome I couldn't have accomplished in any other case. I'm so glad I employed them to represent me!
Posted by Kevin | March 13, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Highly recommend
California is a difficult state to be a medical malpractice plaintiff. You're going to need the best and in my opinion, you could do no better than David Smith. Ours was a complex case, one which other attorneys had rejected due to all the difficulties of prosecuting medical malpractice in California. Once Mr. Smith agreed to take our case, he was like a bulldog! We encountered some serious obstacles and were up against a heartless insurance company law firm that tried to play some ruthless games and (in my opinion) shady legal maneuvers. But Mr. Smith was ahead of them at every step, even as they seemed intent on taking the case to trial. Ultimately, they came to realize that we had a tenacious pro on our side, and they settled. What I can tell you is that I'm not a big fan of attorneys in general, but we really felt like we had a powerful and effective ally in Mr. Smith. It turns out he's a helluva nice guy too!
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Posted by Lois | March 12, 2020
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
The Best
My consultation with Attorney David Smith was the best consultation I have had with an attorney. He did not have his Assistant call me, Attorney David Smith called me. He gave me the best advise and was very sympathetic. I would recommend him to anyone that has a Medical malpractice --- Wrongful death case.
Posted by Patricia | June 24, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Medical lawsuit
David Smith was an awesome attorney; he kept me well informed every step of the way. He always clearly and concisely explained the process and offered poignant advice. He was friendly and a pleasure to work with. He achieved exactly what I had wanted with the lawsuit and won a good settlement.
Posted by Cathy | June 6, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Awesome law firm
David Smith and his staff were awesome representing me in a personal injury case. He always kept me abreast on all the going ons through emails and telephone contact. He settled my case rapidly and I received the settlement amount he asked for. I would gladly refer this law firm. Cathy
Posted by Geno DePello | August 21, 2017
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Initial Meeting
Having never met a malpractice attorney before I didn't know what to expect.David was patient,thorough and extremely knowledgeable in his field of law.I would easily recommended him for anyone needing advice in this area.Geno
Posted by Maureen | December 14, 2014
First Experience w/lawsuit
David was always right there whenever we had any questions or concerns. His office staff was always very professional and available as well. It is never an easy journey to decide that a medical professional has missed a diagnoses but David was with us every step of the way. His guidance and insight helped our family feel a little easier about the whole process. He was our friend in the end and a good lawyer.
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Posted by Deborah | December 12, 2014
You won't go wrong with Smith & Zitano
Top notch lawyers with vast personal injury experience. Handled an admitted liability roll over case for me. Insurer was refusing to negotiate a reasonable settlement. David was successful in negotiating my medical lien by 30% which went straight into my pocket and ultimately made the overall settlement acceptable, even though the insurer was not negotiating in good faith. Had that not happened we were ready to file suit which is ridiculous on such a case. David and his partner Elisa Zitano will take great care of you. They return calls and e-mails and will keep you informed as needed.
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Posted by Ed | December 11, 2014
Highly recommended law firm
David and Elisa were very easy to work with. From the first time I talked with David I felt at ease with his approach to my matter. David was direct yet not forceful. He explained everything to me and my wife as we moved forward with my case as to what to expect, and any matters that arose along the way. I always felt complete confidence in his professional knowledge and actions. I would highly recommend the Smith and Zitano Law firm to anyone who would ask me for an opinion. The outcome of my case has no bearing on this review. My appreciation stems from the excellence in which this matter was handled.
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Posted by Jan | December 11, 2014
Small case
My case was a very small one, yet David & Elisa treated it with equal importance as their 'big' cases. I was kept informed of every development. A fair settlement was reached in a timely manner.
Posted by Maribeth | December 11, 2014
My Dentist lied through her teeth...
And David E, Smith and his Associates proved this for me when they represented me in a dental malpractice suit that I had the misfortune of needing help with. He was Professional to great length and his warm and friendly demeanor welcoming. I was kept current and involved through the whole process of creating our "Case" and I was made comfortable during the scary Depositions. With gratitude to Mr. Smith, I was able to avoid having to go to Court and lose time from work because of the more than fair Settlement I was offered. As you can tell, I was happy with my decision to have David Smith represent me and I would not hesitate to recommend his services.
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Posted by John C | December 4, 2014
Attorney David Smith Knows his stuff!
David Smith took on my medical malpractice case despite the fact that it was clearly not going to be easy. I had numerous pre-existing conditions that caused pain, discomfort and difficulty sleeping prior to having a Thoracic Outlet Syndrome (1st rib removal) surgery where the surgeon accidentally removed the wrong rib. To say it was a complicated case is a huge understatement. But David is very knowledgable about the human body and felt that we could build a case that we could ultimately win, which we did! I was very impressed by David's understanding of what happened and in how much time he spent learning about my overall medical issues. He was a very good listener and was always very thorough in his approach. His very capable support staff made things as easy on me as they possibly could along the way which was greatly appreciated. I would not hesitate to recommend David Smith at Smith Zitano Law Firm to anyone seeking a medical malpractice attorney.
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Posted by Christine | December 12, 2013
Compassion and determination in one.
David Smith and Elisa Zitano are such professional and knowledgeable lawyers in their field . Not only did they both show so much compassion for our case, but it truly felt that they were looking out for our best interest with a genuine heart. David would constantly update us with every new step in the case and he was very patient with all of our questions that we may have had. Nonetheless, he was a real bull dog when needed, which in the end, showed in our favor. I most definitely recommend him being on your side.
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Posted by anonymous | December 12, 2013
The Smith and Zitano team are truly the best.
The Smith and Zitano team were a Godsend. We had a tragic medical issue occur to our family. I had contacted numerous lawyers who basically had stated, our case would not have been economically feasible for them. However, from my first interaction with David and Elisa, I knew that they were not only experts in the field, but compassionate individuals. They had spent hours with my family and were the utmost prepared. It was such a relief to know we had them on our side. Even the other lawyers had mentioned how prepared and knowledgeable they were. In the end, we reached a decision that we were completely satisfied with. They treated us with great respect and helped us manage through these terrible times. I would recommend them 110%. They are the utmost professionals and I will be indebted to them forever.
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Posted by C.J. | September 10, 2010
Grateful clients
My wife and I are extremely grateful to our Kershaw, Cutter & Ratinoff attorney, David E. Smith, for representing me in a medical malpractice suit. I had been originally misdiagnosed, which in turn allowed time to transpire to the point where I am now in a life-threatening predicament. After I learned that I had a limited amount of time to file a case, contact was made with this firm and my soon to be attorney called me back immediately. Due to time restrictions, he filed the same day and represented me with the highest quality of professionalism and sincerity. David Smith led my wife and I through each step of the long process until he eventually was able to secure a settlement. We placed our trust in this firm, and we would not hesitate to recommend them to anyone.
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Cost

Rates
  • Contingency 25%-40%

Resume

AVVO RATING 10.0 (Superb)

Education

  • McGeorge School of Law, University of the Pacific
  • JD - Juris Doctor
  • 1976
  • University of San Francisco
  • BA - Bachelor of Arts
  • 1970

Legal Cases

  • Anesthesiology negligence
  • $2,150,000
  • Traumatic Brain Injury (TBI)
  • $2,100,000
  • Birth injury/cerebral palsy
  • $1,750,000
View all legal cases

Associations

  • American Board of Trial Advocates
  • Member
  • 2005 - Present
  • Capitol City Trial Lawyers Association
  • Member
  • 1990 - Present
  • Consumer Attorneys of California
  • Board of Directors
  • 1990 - Present
  • American Trial Lawyers Association
  • Member
  • 1990 - Present
  • American Association for Justice
  • Member
  • 1990 - Present
  • American Association for Justice
  • Co-chair
  • 2009 - 2009
  • Capitol City Trial Lawyers Association
  • President
  • 2001 - 2001
View all associations

Languages Spoken

  • English

Honors and Awards

  • Top Attorneys in Sacramento
  • Sacramento Magazine
  • 2016
  • AV Peer Review Rating
  • Martindale-Hubbell
  • 2013
  • Award of Merit
  • Capital City Trial Lawyers
  • 2003

Speaking Engagements

  • State Bar of California, Continuing Education of the Bar (CEB) Governing Committee
  • Tort & Trial Practice, 27th Annual Recent Developments
  • 2012
  • College of Trial Arts
  • Kaiser Medical and Nursing Protocols – How to Find Them and Use Them for Maximum Impact
  • 2012
  • Kaiser Arbitrations
  • New Prescriptions for the Care and Treatment of Kaiser Malpractice Claims
  • 2011
  • CAOC Winter Convention
  • Electronic Medical Records (ERM) - Why you need them; How to obtain them; How to Read them.
  • 2011
  • National Live Web Seminar
  • 12 Common Medication Error Cases Every Savvy Litigator Can Handle
  • 2010
  • College of Trial Arts
  • Kaiser Arbitrations: Even the Playing Field – What You Need to Know to Handle a Kaiser Medical Malpractice Arbitration
  • 2010
  • 28th Annual Recent Developments
  • Civil Litigation Practice
  • 2010
  • San Francisco Trial Lawyers Association
  • Medicare MSP “Hidden Remedy”Private Cause of Action
  • 2009
  • Consumer Attorneys of California Winter Convention
  • “A Practical Lien Handbook: Formulas, Phone Numbers, and Form Letters that Every Practitioner Can Use
  • 2009
View all speaking engagements

Attorney endorsements

Received (13)
Given (20)
Endorse David
Litigation Attorney | May 19
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have known David for many years and have been his adversary on many cases. He is not only very skilled but is extremely ethical and works hard for his clients. His skills as a trial lawyer have earned him election in to ABOTA (American Board of Trial Advocates), which is known as the Hall of Fame of trial lawyers. David is also a bit of a renaissance man, as he is a master gardener and accomplished sailor. His clients are lucky to have him on their side."
Medical malpractice Attorney | Sep 15
Relationship: Worked together on matter
"I endorse this lawyer. Dave Smith is a hard working and extremely competent medical malpractice and personal injury attorney. He is a walking encyclopedia on all medical matters. I have noticed the extra care, and genuine compassion he provides to his clients."
Personal injury Attorney | May 27
Relationship: Fellow lawyer in community
"I endorse David. He is a highly skilled attorney that is well respected in the legal community."
Personal injury Attorney | Dec 02
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have known David E. Smith for more than 25 years and I can say without hesitation he is an excellent personal injury lawyer in all respects. He knows the anatomy and the medicine as well anyone in the community which is very helpful when practicing all types of personal injury, medical malpractice and nursing home cases. He works tirelessly for his clients and obtains excellent results for his clients. He has the highest reputation in the community of his peers. I am proud to know him as a colleague and as an outstanding member of the legal community. Further, David donates lots of his time, effort and money to charitable causes and organizations when he is not busy zealously representing his clients."
Medical malpractice Attorney | Dec 02
Relationship: Worked together on matter
"David Smith is one of the preeminent medical malpractice attorneys in California. His insight and experience with medical cases is superb and he truly cares about doing what is best for his clients. I highly recommend David Smith and the Smith Zitano firm."
Personal injury Attorney | Nov 27
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Medical malpractice Attorney | Nov 25
Relationship: Fellow lawyer in community
"I endorse David Smith without reservation. I have referred a number of people with medical malpractice claims to him and will continue to do so. He is a top practitioner in this area."
Personal injury Attorney | Nov 22
Relationship: Fellow lawyer in community
"I have known David Smith for many years and I can unequivocally recommend his intelligence, acumen and expertise to anyone seeking a top flight lawyer. David is known for his ability to take on complex medical cases that other lawyers cannot handle. He is also an asset to the trial lawyer associations that fight for the rights of all consumers."
Medical malpractice Attorney | Nov 22
Relationship: Worked together on matter
"I endorse this lawyer. David Smith is a very competent and compassionate lawyer who always fights for his clients and he is willing to go the extra distance for his clients to make sure every aspect of his cases have been throughly reviewed. David has a thourough insight on medical malpractice and is able to use this knowledge, in, as well as out of the courtroom, to his client's advantage. To say the least, David Smith obtains excellent results."
Medical malpractice Attorney | Oct 23
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Medical malpractice Attorney | Oct 02
Relationship: Fellow lawyer in community
"I have know Mr. Smith for more than 25 years. He is the consummate professional and extremely knowledgeable. I can not think of anyone who is not impressed by his skill and his demeanor in court. I would give Mr. Smith my highest recommendation and endorsement."
Medical malpractice Attorney | Apr 28
Relationship: Fellow lawyer in community
"I endorse this lawyer. David is an extremely knowledgeable attorney in his field and represents his clients with integrity and the utmost professionalism."
Medical malpractice Attorney | Oct 12
Relationship: Fellow lawyer in community
"I endorse this lawyer. David is friendly, client centered and really understands medicine. I highly recommend him on medical malpractice cases."
View more endorsements
Personal injury
Personal injury
Personal injury
Medical malpractice
Workers compensation
Medical malpractice
Medical malpractice
Ethics and professional responsibility
Personal injury
Personal injury
Car accident
Medical malpractice
Car accident
Personal injury
Medical malpractice
Personal injury
Personal injury
Defective and dangerous products

Avvo Contributions

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Sacramento Medical malpractice Lawyer David Eugene Smith
David Eugene Smith
Medical malpractice Attorney
Sacramento, CA
Licensed for 47 years
Virtual consultation available