Lansing

313 South Washington Square

Lansing, MI 48933-2114

T: 517.371.8104

F: 517.367.7104

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Richard C. Kraus

Richard Kraus has 30 years of experience in the areas of health care law, appeals, commercial litigation, constitutional litigation and economic crimes defense.

As an appellate lawyer, he has handled difficult cases at all levels of state and federal appeals courts, with recognized expertise in the written and oral advocacy necessary for success in appeals.

His breadth of experience in representing individual health care professionals as well as hospitals, health systems, long term care facilities and multi-practitioner clinics, provides an understanding of clinical and business realities in health care as well as legal and regulatory requirements.  He often counsels clients in the following areas:

• Licensing investigations and proceedings for health care professionals and facilities.
• Regulatory and administrative matters for health care professionals, organizations and facilities.
• Response to government investigations (criminal, civil and administrative).
• Reporting and disclosure obligations.
• Defense of health care criminal charges.
• HIPAA and privacy issues.
• Appeals.

In addition to his appellate and health care practice, Richard concentrates on litigation involving commercial, business, governmental and constitutional matters.  He also handles business crime defense and internal investigations where he represents business entities and individuals in criminal and regulatory investigations.

Several professional associations have recognized Richard.  He was honored as 2006 Lawyer of the Year by Michigan Lawyer’s Weekly. He was a recipient of the Distinguished Brief Award for Exceptional Appellate Advocacy before the Michigan Supreme Court, and has been appointed as a Special Master for the United States District Court for the Eastern District of Michigan.

Highlights & Recognitions

Representative Matters

• Richard Kraus successfully defended the State Bar of Michigan in federal court in two cases involving constitutional challenges to the association’s character and fitness review process.  The appellate decision held that Michigan's process for determining qualifications of attorneys is constitutional and that members of character and fitness committees are immune from suit.
• The University of Michigan Health System hired Richard to defend a 2006 Michigan Supreme Court case about the qualifications of expert witnesses in medical malpractice claims.  The lawsuit against a pediatric specialist was dismissed, and, because of his work on this matter, Richard was named Lawyer of the Year by Michigan Lawyers’ Weekly.
• In a precedent-setting case, Richard represented a multi-state apartment development company in state and federal courts, opposing the City of Lansing’s exercise of eminent domain on behalf of franchised cable television companies.  After obtaining a favorable Michigan Supreme Court decision on an issue of first impression in the country, the court dismissed the city's claim of eminent domain and his clients were awarded $750,000 in legal fees.

News

• 21 Foster Swift Attorneys named to 2011 Michigan Super Lawyers; 4 named Michigan Rising Stars, September 12, 2011
• Nineteen Foster Swift Attorneys Named in 2009 Super Lawyers, September 22, 2009
• Richard C. Kraus Named Fellow in the Litigation Counsel of America, January 15, 2009
• Kraus Joins Lansing Office, January 24, 2008

Speaking Engagements

• Peer Review and Credentialing, Michigan Association of Medical Staff Services, October 7, 2011
• Peer Review Protection for Credentialing, Michigan Association of Medical Staff Services, October 7, 2011
• Handling Allegations of Patient Assault in Health Care Facilities, 2010
• Attorney-Client Privilege - Legal and Ethical Concerns, 2008
• HIPAA Privacy Requirements
• Effective Written Advocacy in Litigation, 2006-2009

For more, click here

Publications

• Be Timely When Filing Claims for Damages Against the State, Foster Swift Construction Law News, March 2011
• A Plaintiff’s Failure to Provide Timely Notice of Intent to File Suit Under the Court of Claims Act is Grounds For Dismissal Even When No Prejudice Has Resulted, Foster Swift Litigation E-News, February 8, 2011
• Credentialing Files and Physician Procedure Logs Are Protected Against Disclosure, Foster Swift Medical Malpractice E-News, January 4, 2011
• DEA Recommendations Regarding Delegation of Controlled Substance Prescribing Functions, Foster Swift Health Care Law Report, December 2010
• Court of Appeals Holds That a Deficient Notice of Intent May be Amended, Even if the Notice was Mailed Before the 2004 Amendment to the Notice Statute, Foster Swift Medical Malpractice E-News, September 10, 2010
• Ex Parte Interviews of Treating Physicians are Allowed Under HIPAA, Foster Swift Medical Malpractice E-News, July 16, 2010

For more, click here

Memberships & Affiliations

Legal Affiliations:

• State Bar of Michigan
  • Appellate Law Section, Member
  • Health Law Section, Member
  • Publications and Website Advisory Committee Member
  • Representative Assembly, 1989-1996
• American Bar Association
  • Appellate Law Section
  • Council of Appellate Lawyers 
  • Health Law Section
  • Michigan Legislative Liaison
    • Subcommittee on Health Care Fraud and Abuse-False Claims
• Ingham County Bar Association
  • Judicial Qualifications Committee, 1982-1984
  • Publications Committee, 2008-present
• Federal Bar Association
  • Western District of Michigan Executive Committee, 1978-1979

Industry & Professional Associations:

• American Health Lawyers Association
• American Inns of Court, Master - Michigan State University College of Law
• Litigation Counsel of America, Fellow