CLEARWATER — A relative is suing a St. Petersburg nursing home, alleging breach of duty and negligence in the treatment of her deceased brother.

Thelma Mells-Ferguson filed a complaint Dec. 6 in Pinellas Circuit Court against Morningstar Assisted Living LLC and Larua D. Goicu, alleging they breached the professional standard of care and treatment.

According to the complaint, from July 21, 2015, until May 2, 2016, Freddie Lee Mells, Mells-Ferguson's brother was a resident of Morningstar Assisted Living. The suit says he suffered loss, injury and damages including multiple falls, contusion, infections, pneumonia, urinary tract infection, abscess, dehydration and metabolic alkalosis, that ultimately contributed to his untimely death.

The lawsuit states his death was due to the defendants’ negligent acts and omissions. 

The plaintiff alleges the defendants failed to ensure the protection of Mells from falling and being injured, failed to monitor for significant signs and symptoms of the deceased's condition, and failed to ensure that staff was properly supervised and trained.

Mells-Ferguson seeks trial by jury, disgorgement of profits and consequential damages of more than $15,000, plus all other relief the court deems appropriate. She is represented by attorney Kathleen Clark Knight of Wilkes & McHugh PA in St. Petersburg.

Pinellas Circuit Court case number 17-CA-7168

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