The Impact of Bioprinting Technologies on the Development of Civil Liability

Bioprinting is a new technology that allows us to overcome the shortage of human organs and tissues in transplantation. This technology, in addition to its positive effect, creates serious risks, since the negative consequences bound to arise from its active implementation remain unknown. For example, deficiencies in digital design of a digital model of a human organ or the skeleton of this organ may harm the life or health of a patient. Therefore, civil liability has become one of the main areas of legal regulation that bioprinting will have a serious impact on. Foreign law enforcement practice indicates that there are problems in determining the model of liability for harm caused in the field of additive technologies and bioprinting. The foreign science of civil law attempts to develop a scientific response to a new technological challenge, in particular, it is proposed to use a number of approaches to compensate for the damage caused by the use of bioprinting technologies. For example, it is proposed to use a special culpable tort or to compensate for damages under the strict liability model. Positions are also expressed in favor of using contractual remedies.

It is necessary to take into account not only the risks that bioprinting technology creates, but also its benefits. In order to obtain a beneficial effect, the patient can voluntarily assume the risks arising from its use. Russian law has established a rule according to which compensation for harm can be refused if the harm was caused at the request or with the consent of the victim, and the actions of the harmer do not violate the moral principles of society. This rule may become very important in the future when dealing with questions on liability for harm caused to the patient due to the use of bioprinting technologies in treatment. This will require the use of other compensatory mechanisms aimed at protecting the rights of patients, such as life and health insurance when using bioprinting technologies.

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