
FOREWORD
OPERATOR’S RESPONSIBILITY FOR PATIENT SAFETY
NorthAmericanDrägeranesthesiaproducts
are designed to provide the greatest degree
of patient safety that is practically and
technologically feasible. The design of the
equipment, the accompanying literature,
and the labeling on the equipment take into
consideration that the purchase and use of
the equipment are restricted to trained
professionals, and that certain inherent
characteristics of the equipment are known
to the trained operator. Instructions,
warnings, and caution statements are
limited, therefore, to the specifics of the
North American Dräger design. This
publication excludes references to hazards
which are obvious to a medical professional,
to the consequences of product misuse, and
to potentially adverse effects in patients
with abnormal conditions. Product
modification or misuse can be dangerous.
North American Dräger disclaims all
liability for the consequences of product
alterations or modifications, as well as for
the consequences which might result from
the combination of North American Dräger
products with products supplied by other
manufacturers if such a combination is not
endorsed by North American Dräger.
The operator of the anesthesia system must
recognize that the means of monitoring and
discovering hazardous conditions are specific
to the composition of the system and the
various components of the system. It is the
operator, and not the various manufacturers
or suppliers of components, who has control
over the final composition and arrangement
of the anesthesia system used in the
operating room. Therefore, the responsibility
for choosing the appropriate safety
monitoring devices rests with the operator
and user of the equipment.
Patient safety may be achieved through a
variety of different means depending on the
institutional procedures, the preference of
the operators, and the application of the
system. These means range from electronic
surveillance of equipment performance and
patient condition to simple, direct contact
between operator and patient (direct
observation of clinical signs). The
responsibility for the selection of the best
level of patient monitoring belongs solely to
the equipment operator. To this extent, the
manufacturer, North American Dräger,
disclaims responsibility for the adequacy of
the monitoring package selected for use with
the anesthesia system. However, North
American Dräger is available for
consultation to discuss monitoring options
for different applications.
LIMITATION OF LIABILITY
North American Dräger’s liability, whether
arising from or related to manufacture and
sale of the goods, their installation,
demonstration, sales representation,
use,performance,orotherwise,includingany
liability based upon North American
Dräger’s Product Warranty, is subject to and
limitedtotheexclusivetermsandconditions
as set forth, whether based upon breach of
warranty or any other cause of action
whatsoever, regardless of any fault
attributable to North American Dräger and
regardless of the form of action (including,
without limitation, breach of warranty,
negligence, strict liability, or otherwise).
THESTATEDEXPRESSEDWARRANTIES
ARE IN LIEU OF ALL OTHER WAR-
RANTIES, EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PUR-
POSE, OR NONINFRINGEMENT.
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