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NURSING HOME ABUSE LEGAL GLOSSARY |
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Glossary of Nursing
Home Abuse Law Terms
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C-Diff: A strong type of diarrhea that is
contagious.
Carrier: A private company that enters
into a contract with Medicare to pay a beneficiary's Medicare Part B health care
bills.
Case Manager: A person who arranges
necessary health-care services for a patient or group of patients. The case
manager could be a doctor, a nurse, another health care professional, or a
social worker.
Catastrophic Limit: The highest amount of
money a person would be required to pay out of his or her own pocket during a
certain period of time for certain covered health-care charges.
Certified or Certification: A health-care
facility is certified when it passes a survey conducted by a state governmental
agency. Medicare only covers care in facilities that are certified or
accredited.
Circumstantial Evidence: Evidence not
based on actual personal knowledge or observation of the fact in dispute, but,
rather, evidence of other personal knowledge or observation which allows a jury
to infer the existence or nonexistence of the fact in dispute. An example would
be a witness who was entering a resident's room and saw another person walking
out of the room with blood on their hands. When the witness entered the
resident's room, the witness saw that the resident had a bloodied nose.
Civil Action: Action brought to enforce
private rights; does not generally involve criminal actions.
Civil Law: Body of law concerned with
private rights and remedies, as contrasted with criminal law.
Coerce or Coercion: To compel by pressure,
threat, or force.
Cognitive Impairment: A breakdown in a
person's mental state, which may affect the person's ability to think clearly.
It may also affect moods and induce fear and/or anxiety.
Complaint: In the legal sense, the
document a plaintiff files with the court which contains allegations and damages
sought. A complaint generally starts a lawsuit.
Comprehensive Assessment: Under the
federal Nursing Home Reform Act of 1987 a facility must perform an initial
comprehensive, accurate, standardized reproducible assessment of each resident's
functional capacity within 14 days of the resident's admission to the nursing
home. A second assessment must again be performed after significant changes in
the resident's physical or mental status and/or at least once every 12 months.
Confidentiality: A person's right to speak
freely with his or her health care provider without anyone else finding out what
was said in the conversation.
Consent: Voluntary agreement of one who
has sufficient mental capacity to make an intelligent choice to do something
proposed by another person.
Contingent Fee Agreement: An agreement
between an attorney and his or her client whereby the attorney agrees to
represent the client for a percentage of the amount recovered. This fee
agreement is frequently used in personal injury actions.
Contracture: The drawing together of
muscle or scar tissue that results in distortion or deformity. Contractures can
be caused by long periods of confinement in bed.
Contributory Negligence: Conduct which
falls below the standard of care established by law for the protection of one's
self against unreasonable risk of harm.
Co-payment: The dollar amount some
Medicare beneficiaries are required to pay for each medical service, such as a
doctor's visit.
Court: Refers to a specific court, such as
The Supreme Court of Pennsylvania, or may also refer to a judge.
Court Reporter: The person who
stenographically records and transcribes testimony during court proceedings or
related proceedings such as depositions.
Covered Benefit: A health service or item
that is paid partially or fully by a person's health plan.
Covered Charges: A health service or
benefit that is paid partially or fully by a person's health plan.
Criminal Law: Criminal law declares what
conduct is criminal and prescribes punishment to be imposed for criminal
conduct. The purpose of criminal law is to prevent harm to society.
Custodial Care: Personal care given by one
person to another. Personal care includes such services as shopping and cooking.
Personal care costs are usually not covered by Medicare.
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information contained within this personal injury site is of a general nature
and is not meant to be a restatement of any rules of law. Your
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Glossary.
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