Scott Winters has filed a lawsuit against OpenAI and CEO Sam Altman in San Francisco County Superior Court, alleging that ChatGPT’s advice to remain inactive directly contributed to a life-threatening pulmonary embolism. The case highlights growing legal risks for AI companies as chatbots increasingly serve as primary sources of health information for millions of users, with OpenAI reporting approximately 40 million daily health-related queries. Winters claims the AI model assessed his dizziness and groin tenderness with clinical confidence despite lacking medical qualifications, advising him to limit movement and stay home while dismissing the pain as unlikely to be dangerous.

The incident occurred in July 2025, when Winters was hospitalized the day after consulting the chatbot. According to the complaint, doctors linked his "massive pulmonary embolism" to the immobility recommended by the AI. Attorney Matthew Bergman stated that Winters nearly died because ChatGPT acted as a medical authority without assuming corresponding responsibility. The lawsuit seeks damages, the implementation of emergency guardrails, and an independent safety audit of ChatGPT Health, which OpenAI launched in January to help users interpret records and prepare for appointments.

Legal and Regulatory Context

The filing represents one of several recent legal challenges targeting OpenAI over safety concerns. It follows a separate Florida action alleging that ChatGPT endangered users and a May lawsuit claiming the platform’s advice contributed to a fatal overdose. These cases emerge as regulatory scrutiny intensifies around medical AI applications. A Nature Medicine study published in February this year found that AI did not help patients make better medical decisions than standard internet searches, raising questions about the efficacy and safety of relying on large language models for health guidance.

Company Response and Market Data

OpenAI maintains that its tools are designed to support, not replace, professional medical care. Spokesperson Drew Pusateri told CBS News that blaming chatbots alone oversimplifies medical decisions and could hinder access to useful tools. The company emphasizes that ChatGPT is not a doctor and should never be used as a substitute for diagnosis or treatment. Despite these disclaimers, market data indicates significant user reliance on AI for health queries. A West Health-Gallup survey found that 25% of U.S. adults had used AI for health information or advice, underscoring the widespread adoption that precedes this litigation.

What the Numbers Show

The disparity between user adoption and clinical validation presents a material risk for OpenAI. With 40 million daily health questions directed at ChatGPT, the potential for harm scales with usage volume. The following table outlines key metrics regarding AI health usage and safety concerns cited in the report:

The core conflict lies in the gap between the volume of interactions and the absence of proven clinical benefit. While OpenAI argues its tools aid in interpreting records, the Nature Medicine study suggests no improvement over traditional search methods. This divergence implies that as usage grows, so does the exposure to liability from incorrect or delayed diagnoses, particularly when users substitute professional care with AI-generated advice.

OpenAI is bringing two prominent financial industry leaders into its governance structure as the artificial intelligence company continues to expand its global commercial footprint. The company announced that David Vélez, founder, chairman and CEO of Latin American digital banking giant Nubank, and Robin Vince, chairman and CEO of financial services firm Bank of New York Mellon, have joined the boards of both the OpenAI Foundation and OpenAI Group PBC. The appointments add executives with decades of experience in financial services, technology adoption, and corporate governance at a time when OpenAI is rapidly growing its enterprise business and broadening the reach of its AI products.

"David and Robin are exceptional leaders who have used technology to reshape financial services and expand opportunity at global scale," OpenAI Board Chair Bret Taylor said in a statement. "Their experience will be invaluable as OpenAI serves more businesses and people around the world."

About Velez and Vince

Vélez founded Nubank in 2013 after becoming frustrated with Brazil’s traditional banking system. Under his leadership, the company has grown into one of the world’s largest digital banking platforms, serving more than 135 million customers across Latin America while expanding into the U.S. market following conditional approval to establish a national bank. Before launching Nubank, Vélez worked in investment banking and private equity roles at Goldman Sachs, Morgan Stanley, and General Atlantic before becoming a partner at Sequoia Capital focused on Latin America. He also co-leads philanthropic organization VélezReyes+ alongside his wife, Mariel Reyes.

Vince brings more than three decades of financial industry experience. Since becoming CEO of BNY in 2022, he has overseen a modernization strategy centered on artificial intelligence, data infrastructure and operational transformation. Prior to joining BNY, Vince spent 26 years at Goldman Sachs, where he served in several senior leadership positions, including chief risk officer, treasurer and CEO of Goldman Sachs International Bank.

In separate statements, both executives emphasized AI’s potential to expand economic opportunity while stressing the importance of responsible deployment and governance. "Technology can be a powerful force for expanding access and opportunity when it is built around people’s needs and grounded in trust. AI has the potential to help individuals, businesses and entire economies do more, and I look forward to contributing to OpenAI’s efforts to bring useful AI to everyone," said Vélez. "AI can be the ultimate capacity creator, expanding what people and institutions are capable of. Realizing AI’s promise requires creativity, strong governance, and responsible deployment, and I’m honored to join the boards to contribute to OpenAI’s mission," Vince added.