ChatGPT's medical advice nearly killed a Florida man, lawsuit against OpenAI claims

A Florida man sued OpenAI on Wednesday, alleging ChatGPT's medical advice discouraged him from seeking treatment for symptoms that preceded a life-threatening pulmonary embolism, nearly costing him his life.

Scott Winters, a former pastor, filed suit against OpenAI and CEO Sam Altman in San Francisco County Superior Court on Wednesday, claiming the chatbot made inaccurate recommendations that imperiled his health. 

Winters argues ChatGPT crossed the line from providing information into practicing medicine without a license, while OpenAI says its chatbot is not intended to replace medical professionals. The lawsuit claims OpenAI prioritized user engagement and profit at the expense of public safety, and that it failed to provide adequate guardrails to protect users from following bad health advice. 

"ChatGPT-4o frequently opined on and evaluated Scott's physical condition, conveying the authority and confidence of a medical professional rendering a clinical assessment and treatment recommendation, despite not having the qualifications to do so," the lawsuit claims.

Winters and Tech Justice Law, a nonprofit assisting with his legal defense, also accuse OpenAI of exploiting Winters' religious beliefs. 

What the lawsuit alleges

In 2025, Winters turned to OpenAI's ChatGPT-4o model to try to understand what was causing him to regularly feel dizzy. He also told the chatbot that he was experiencing bouts of blood pressure instability.

ChatGPT allegedly dismissed both sets of symptoms as relatively minor and suggested he stay home and remain "recliner-bound,"  the lawsuit claims. The chatbot advised that he'd need to experience between eight and 10 more episodes for his condition to be considered serious, advice that Winters followed, the allegations state.

A couple of weeks later, in July 2025, he suffered what the suit describes as a "massive pulmonary embolism" due to blood clots that "brought him to the brink of death."

One of his doctors even blamed his immobility, recommended by ChatGPT, on bringing about the embolism, according to the lawsuit. 

"Scott Winters nearly died because ChatGPT acted like a medical authority while having none of the responsibility," Matthew P. Bergman, founding attorney of the Social Media Victims Law Center, said in a statement. "If ChatGPT were a physician dispensing medical advice, it would be guilty of medical malpractice."

The lawsuit claims that Winters also consulted ChatGPT the day of his medical emergency. Hours before the event, he asked the bot if a tenderness in his groin warranted a trip to the hospital. 

The chatbot drew on Winters' spirituality in responding, telling him that "God did not design your body to endlessly fail," the lawsuit alleges.

"It turned out that the pain Scott was feeling in his groin was the onset of the pulmonary embolism that would nearly kill him," it claims.

ChatGPT not intended for medical care

OpenAI spokesperson Drew Pusateri told CBS News that ChatGPT is not designed to stand in for a healthcare provider.

"ChatGPT is not a doctor and should never be used as a substitute for medical care, diagnosis or treatment," he said in a statement. He noted that it's common for people to search the internet for health information and that "AI can make that experience better by helping them find clearer answers, organize their questions and prepare for conversations with medical professionals."

But he said blaming chatbots alone for mishaps related to one's own care is misguided, "and risks getting in the way of people accessing powerful new tools that can aid them in their health journey."

ChatGPT makes clear in its terms that the product is not intended for medical diagnosis or treatment. Its terms of service state: "You accept and agree that any use of outputs from our service is at your sole risk and you will not rely on output as a sole source of truth or factual information, or as a substitute for professional advice."

James Grimmelann, a professor of digital and information law at Cornell Law School, told CBS News that disclaimers can protect a company from liability — to some extent. 

"Disclaimers in law can be effective, but at some point they give out," he said. "At some point, the chatbot's own statements and actions belie any disclaimer." 

Winters' legal team is seeking financial damages, and stronger guardrails around ChatGPT dispensing medical advice. They've also asked that ChatGPT Health, OpenAI's service designed to answer health questions, be blocked from operating pending an evaluation of its safety. 

OpenAI has faced additional lawsuits related to users' health and safety. 

In May, a Texas couple whose son died of an overdose after seeking out information on drugs from ChatGPT, sued OpenAI alleging he'd still be alive if the company had not "bypassed safety guards."