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Nursing Home Abuse Glossary



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S

Side Effect. A problem caused by medical treatment or medication. For example, if you take medication to relieve a headache, your stomach may become upset.

Skilled Nursing Care. Health-care services given by or under the supervision of licensed nurses and also under the general direction of a doctor.

Skilled Nursing Facility. A facility that provides skilled nursing care or rehabilitation services.

Sodomy. Generally, oral or anal sex without consent.

Specialist. A doctor who treats only specific illnesses, body parts, or persons within a certain age group.

Standard of Care. In the law of negligence, the degree of care which a reasonable, prudent or careful person should exercise under the same or similar circumstances. If the standard falls below that established by law for the protection of others against unreasonable risk of harm, the person may be liable for damages resulting from such conduct.

Standard of Proof or Burden of Proof. Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

Stare Decisis. Policy of the courts to not overturn precedents; adherence to precedents.

Statute . Law passed by congress.

Statute of Limitations. The time prescribed by statute in which a plaintiff can bring a lawsuit.

Subpoena. Command to appear at a certain place and time to give testimony on a matter.

Subpoena Duces Tecum. Command to produce some document or paper.

Substantive Law. The body of law that creates, defines and regulates right. Compare with procedural law which prescribes the manner to enforce rights or obtaining redress for invasion of rights.

Sue. The act of bringing a lawsuit.

Suit or Lawsuit. Generally, a court action brought by one person, the plaintiff, against another, the defendant, seeking compensation for some injury or enforcement of a right.

Summons. Formal document beginning a civil action or special proceeding which is a means to gain jurisdiction over a party. Also, a document directed to a sheriff or other authorized person ordering him to serve the person named on the summons who must appear at a certain place and time to respond to the action.

Supplier. A company, person, or agency that provides a certain medical item or service, such as a hospital bed or wheelchair.

Survival Action. A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action , is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

Survival Statutes. Statutory law that provides for a legal action to continue after the death of a person involved in the action.

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