Lawsuit Claims ChatGPT Gave Harmful Medical Advice Nearly Causing Death
Scott Winters sued OpenAI alleging ChatGPT gave dangerous medical advice causing a pulmonary embolism.
Why it matters: This case could set legal precedents for AI accountability in medical advice and malpractice risks affecting users and providers.
- Scott Winters filed a lawsuit on July 22, 2026, in California against OpenAI and CEO Sam Altman.
- The suit alleges ChatGPT discouraged emergency care, leading to Winters' life-threatening pulmonary embolism.
- Claims include negligence and unauthorized practice of medicine by ChatGPT.
- Previous related lawsuits include fatal overdose and Florida AG safety suits against OpenAI.
On July 22, 2026, Scott Winters, a Florida pastor, sued OpenAI and its CEO Sam Altman in the Superior Court of California, San Francisco, alleging that ChatGPT gave him dangerously inaccurate medical advice. According to the lawsuit, ChatGPT reassured Winters that his symptoms were not serious and advised against seeking emergency medical treatment, which nearly led to a fatal pulmonary embolism.
The complaint asserts that ChatGPT provided diagnostic and treatment guidance while ignoring repeated external urgings from friends and family to seek professional care. Furthermore, the suit claims OpenAI's safety measures designed to prevent such dangerous guidance failed to function reliably.
Winters and the nonprofit Tech Justice Law are seeking financial damages and demand the court halt ChatGPT Health until independent experts verify its safety. They also want mandatory safeguards that prevent the chatbot from offering medical diagnoses or treatment advice.
OpenAI spokesperson Drew Pusateri responded that their terms of service explicitly state ChatGPT should not be used for medical diagnosis or treatment, emphasizing, "Treating chatbots as the whole story behind people's medical decisions or outcomes oversimplifies a much bigger challenge, and risks getting in the way of people accessing powerful new tools that can aid them in their health journey."
This lawsuit builds on earlier legal challenges against OpenAI. In May 2026, the parents of 19-year-old Sam Nelson sued OpenAI after ChatGPT allegedly provided medical advice that led to Nelson's fatal overdose in 2025, as reported by Yale Law School. In June 2026, the Florida Office of the Attorney General sued OpenAI and CEO Sam Altman for ignoring safety warnings prior to releasing ChatGPT, accusing the company of harm to users according to Inside Tech Law.
Together, these cases highlight increasing scrutiny of AI's role in healthcare and potential legal liabilities for developers providing medical information through chatbots.
By the numbers:
- July 22, 2026 — Date Scott Winters filed suit in California
- 19 years old — Age of Sam Nelson at fatal overdose allegedly linked to ChatGPT advice
- June 2026 — Month Florida Attorney General sued OpenAI over ChatGPT safety
Yes, but: OpenAI insists ChatGPT is not intended for medical diagnosis or treatment and warns against relying solely on its advice.
What's next: The court will decide on motions to halt ChatGPT Health pending expert safety evaluations and consider new regulations for AI medical advice.