Glossary of Nursing Home Abuse Law Terms

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Damages: Money payment recovered in the courts for an injury or loss caused by an unlawful act or omission or negligence of another.

Decedent: A deceased person.

Deductible: The dollar amount a person covered under a health plan must pay before the insurance plan begins to pay.

Defendant: In civil law the party defending a lawsuit; the party against whom the plaintiff seeks to recover damages from.

Deficiency: The federal government issues a deficiency to a nursing home when it fails to meet a federal regulation. State governments can also issue deficiencies when a nursing home fails to meet a state requirement.

Dehydration: This serious medical condition occurs when a person’s loss of bodily fluid is more than his or her intake of fluid.

Dementia: The irreversible deterioration of mental faculties with emotional disturbance resulting from organic brain disorder.

Deposition: Testimony of a witness taken under oath, which is used in the discovery process of trial preparation.

Diagnosis: The specific name for a person’s medical problem.

Direct Evidence: Generally, eyewitness evidence.

Discharge Planning: The procedure used by a health-care professional or social worker to determine the needs of a patient moving from one level of care to another, such as a move from a hospital to a nursing home.

Dual Eligibles: People entitled to Medicare and also eligible for Medicaid.

Durable Medical Equipment: Reusable medical equipment ordered by a physician for a person to use in a nursing home. Examples include wheelchairs, walkers, and hospital beds.

Duty: An obligation to conform to a particular standard of care which is considered reasonable by most.