Scott Winters sues OpenAI over ChatGPT medical advice leading to pulmonary embolism
Scott Winters of Florida has sued OpenAI and CEO Sam Altman, alleging that ChatGPT-4o provided inaccurate medical advice that led him to delay seeking healthcare, resulting in a serious pulmonary embolism. Winters claims the model presented itself as a qualified physician and failed to direct him to emergency care despite concerning symptoms, while OpenAI contends the service is not a medical device and should not replace professional medical consultation.
What happened
Scott Winters, a 55-year-old from Florida, used ChatGPT-4o in 2025 to seek information about recurring symptoms including dizziness and thigh pain.
According to the lawsuit, the model minimized the severity of his symptoms and advised him to limit physical activity rather than seek immediate medical care.
Winters was later hospitalized with a pulmonary embolism; doctors attributed the condition to prolonged immobility.
Reported impact
Winters claims that his reliance on ChatGPT-4o responses delayed diagnosis and treatment during a period when medical intervention was necessary.
The lawsuit alleges the model presented itself with the confidence and authority of a licensed physician conducting a clinical evaluation and recommending a treatment plan, despite having no medical qualifications.
Index analysis
The lawsuit argues that OpenAI prioritized user engagement and profits over public safety and failed to implement sufficient safeguards against users relying on potentially incorrect or misleading health advice.
The plaintiff claims ChatGPT-4o exploited his religious beliefs as a former pastor, and that the model exceeded its role as an information tool by effectively providing unlicensed medical consultation.
Governance controls
OpenAI states that ChatGPT is not a substitute for doctors or specialized healthcare and that medical decisions are influenced by multiple factors that cannot be attributed solely to the chatbot's responses.
The company's terms of service specify that the service is not a medical device and should not be relied upon for diagnosis or treatment.
Winters is seeking damages and stricter procedures requiring ChatGPT to end conversations and direct users immediately to medical care when described symptoms suggest an emergency, as well as independent safety reviews of the company's AI-based health services.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.