CLEARWATER — A family member is suing medical facilities, alleging breach of duty, fraud and unjust enrichment.

The estate of William T. McGovern, Jr., by and through Michelle A. McGovern, filed a complaint on Jan. 29, in Pinellas County Circuit Court against Belleair East HCC LLC, Clear Choice Health Care LLC; and Nicholas Lee Egnatz, alleging the defendants encouraged, condoned and engaged in understaffing with reckless disregard for the health and safety of residents and with reckless disregard for the residents’ rights they are required by law to protect.

According to the complaint, on Feb. 12, 2016, William T. McGovern Jr. was admitted to defendants' facility and remained as a resident until he was discharged Aug. 2, 2016. Due to the lack of proper care, the suit says, McGovern died Aug. 17, 2016.

Michelle McGovern says the facility did not meet the needs of residents and that the nursing home did not provide adequate and appropriate health care to the residents, increasing the risks of them being injured. She alleges the facility was understaffed, despite continuously receiving more residents and payments intended for the sole purpose of providing care. 

The plaintiff alleges the defendants failed to provide a safe environment and failed to properly hire, retain and supervise staff and to ensure that any such staff exercised care consistent with the prevailing professional standard of care.

Michelle McGovern seeks trial by jury, disgorgement of profits, consequential damages of more than $15,000, attorney fees, court costs, prejudgment interest, punitive damages and all other relief the court deems appropriate. She is represented by attorney Kathleen Clark Knight of Wilkes & McHugh, PA in St. Petersburg.

Pinellas County Circuit Court case number 18CA000586

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