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NURSING HOME ABUSE LEGAL GLOSSARY |
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Glossary of Nursing
Home Abuse Law Terms
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Neglect: In the nursing home context, when
a care taker fails to give a person the care, services or goods necessary to
avoid harm or illness.
Negligence: In its broadest sense,
carelessness. More precisely, conduct which falls below the standard of care
established by law for the protection of others against unreasonable risks of
harm. In order to prevail in a negligence action, the plaintiff must prove, by a
preponderance of the evidence, the following four elements: (1) that the
defendant owed the plaintiff a duty of care; (2) that the defendant breached
that duty; (3) that the defendant's breach of his or her duty of care caused the
plaintiff's injury; (4) that the plaintiff suffered injury.
Nurse: A person trained to take care of
the sick, injured, or disabled under the supervision of a doctor.
Nurse's Aide: A nurse's assistant.
Nurse Practitioner: A nurse having two or
more years of advanced training and who has passed a specific exam.
Nursing Home: A residential facility that
gives nursing care or custodial care to an ill or injured person. A nursing home
also provides a room, meals, rehabilitative care, medical services, and help
with daily living and recreational activities.
Nursing Home Abuse: Any physical, sexual,
verbal, psychological, or financial abuse perpetrated against residents of a
residential care facility. Although nursing home abuse is a growing problem,
many victims do not report violations because they are scared or ashamed.
Nursing Home Negligence: The failure of
any person having the care or custody of a nursing home resident to exercise
that degree of care which a reasonable person in a like position would exercise
by failing, for example, to give the resident the care, services, or goods
necessary to avoid harm or illness.
Nursing Home Reform Act of 1987: Federal
law that governs nursing homes and gives nursing home residents certain rights.
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