Nursing Home Abuse Glossary

D

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.

Decubitus Ulcer. See bedsore.

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, but not in a courtroom. May be used to discover evidence prior to trial or to preserve testimony for use in court at a later time.

Diagnosis. The specific name for a person's medical problem.

Direct Evidence. Generally, eyewitness evidence. Compare with circumstantial 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. In negligence cases, a "duty" is an obligation to conform to a particular standard of care. A failure to so conform places the actor at risk of being liable to another to whom a duty is owed for an injury sustained by the other of which the actor's conduct is a legal cause. See reasonable man doctrine.

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