Informed consent in the economic law field of additive manufacturing

V. Vashkovych, V. Manzyuk, V. Zaborovskyy, Y.Y. Bysaga
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Abstract

This article is devoted to the disclosure of the meaning of informed consent in legal relations arising from the application of three-dimensional printed bioproducts, primarily through the prism of contract law. Within the framework of this article, the legal nature of 3D bioprinting and its role in the transformation and improvement of the modern health care system and the provision of medical care and medical services were investigated. The content and conditions that must be included in the informed consent are disclosed, in particular, information about information about: the device (will include information about the manufacturer and technical characteristics of the device); bioinks (in particular, the source of origin of the material, the pathological condition of the recipient, the biocompatibility of the material; further use of the material (when the identity of the patient and the donor match); the results of similar experimental studies; the implantation process; all possible conflicts of interest; as well as the condition of "minimum risks”, which will include expected results and side effects. Attention is focused on the fact that due to the benefits that additive technologies can bring to human life and health, issues of ethics and legislative regulation of this area must be resolved before the introduction of these technologies in the field of medicine. The role of contract law in the regulation of relations related to the use of three-dimensional printed bioproducts is analyzed, which will be important for determining the right of ownership and subjects of responsibility for damage that can be caused to a person. The latter can be regulated by a contract between the manufacturer and the medical institution, the software manufacturer and the owner of the 3D printer, etc., if they are performed by different entities under a separate contract. In order to achieve the goal, the work used methods characteristic of legal science. Among them are the dialectical method of learning the legal reality, the methods of analysis and synthesis, the system-structural method, the formal-logical method, which was used in the analysis of theoretical-legal developments and scientific research related to the most significant achievements in the field of three-dimensional printed bioproduction.
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增材制造经济法领域的知情同意
本文主要通过合同法的棱镜,揭示三维打印生物制品应用所产生的法律关系中知情同意的含义。在本文的框架内,研究了三维生物打印的法律性质及其在转变和完善现代医疗保健体系、提供医疗保健和医疗服务中的作用。披露了知情同意书必须包含的内容和条件,特别是有关以下方面的信息:设备(将包括有关制造商和设备技术特性的信息);生物墨水(特别是材料的来源、受体的病理状况、材料的生物相容性;材料的进一步使用(当患者和捐赠者的身份匹配时);类似实验研究的结果;植入过程;所有可能的利益冲突;以及 "最低风险 "条件,其中包括预期结果和副作用。值得关注的是,由于添加剂技术可为人类生命和健康带来益处,在将这些技术引入医学领域之前,必须解决该领域的伦理和立法监管问题。本文分析了合同法在调节与使用三维打印生物制品相关的关系方面的作用,这对于确定所有权和可能对个人造成损害的责任主体非常重要。后者可以通过制造商与医疗机构、软件制造商与三维打印机所有者等之间的合同来规范,如果这些合同是由不同实体根据单独的合同履行的话。为了实现这一目标,这项工作采用了法律科学特有的方法。其中包括学习法律现实的辩证方法、分析和综合方法、系统结构方法、形式逻辑方法,这些方法被用于分析与三维打印生物生产领域最重要成果相关的理论-法律发展和科学研究。
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