After suffering a devastating motorcycle accident, Alex Serrano was revived on the scene by the first responding EMT Malcolm Hunter. However, Serrano sued Hunter for $65,000 because he claims he had a "do not resuscitate" tattoo on his chest and didn't want to be revived. Hunter admits that he saw the DNR but still proceeded to resuscitate Serrano.
In this hearing, Judge Porter determined that a tattoo on a person's chest does not qualify as a "do not resuscitate" order. Therefore, the EMT did nothing wrong. Judge Porter suggested that Serrano obtain a valid and enforceable DNR.
While this is fictionalized drama, it is based on the facts of real cases involving DNR tattoos. The problem can be avoided. Most states have POLSTs or OOHDNR orders that are readily obtainable from any physician, APRN, or PA.
On the other hand, when the patient has a valid advance directive or POLST, clinicians must almost always follow it. I am updating my collection of unwanted medical treatment cases in an article forthcoming in University of Illinois Chicago Law Review.
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