A legal defense to a lawsuit when the lawsuit is based on negligence. If a person knowingly and voluntarily exposes himself to a risk of harm, he is said to “assume the risk” meaning that he has agreed to accept it. This may release the defendant from liability. This defense is not usually successful in malpractice suits, because courts do not consider that the patient has “consented” to malpractice, even though he may have consented to the treatment (surgery, for example).
A doctrine of law whereby the plaintiff assumes the risk of medical treatment or procedures and may not recover damages for injuries sustained as a result of the known and described dangers and risks.