Nursing Home Abuse Legal Glossary
Glossary of Nursing Home Abuse 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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