Pastor says ChatGPT’s medical advice nearly killed him—now he’s suing OpenAI

By MDLinx staffFact-checked by Davi ShermanPublished August 11, 2026


Industry Buzz

Scott Winters nearly died because ChatGPT acted like a medical authority while having none of the responsibility. If ChatGPT were a physician dispensing medical advice, it would be guilty of medical malpractice.

—Matthew P. Bergman, attorney

ChatGPT is not a doctor and should never be used as a substitute for medical care, diagnosis, or treatment.

—Drew Pusateri, OpenAI spokesperson

As generative AI becomes a routine part of patients’ lives, physicians are encountering a new kind of “Dr. Google” consultation—one that doesn’t just retrieve information but offers personalized recommendations with remarkable confidence. 

A new lawsuit filed by a Florida pastor against OpenAI illustrates why that distinction matters.[] The complaint alleges that the patient relied on ChatGPT for ongoing medical guidance, delayed seeking care despite worsening symptoms, and ultimately suffered a life-threatening pulmonary embolism after following ChatGPT’s advice to remain largely immobile.

Related: AI-induced psychosis: A clinical phenomenon still taking shape

OpenAI disputes the broader allegations and maintains that ChatGPT is not a substitute for medical care. The case is likely to become another closely watched test of where legal responsibility begins and ends when patients rely on AI-generated medical advice.

For physicians, however, the legal outcome may be less important than the clinical lesson: Many patients are already asking AI, rather than their doctor, what to do next.

What happened?

According to the lawsuit, Florida pastor Scott Winters began using ChatGPT extensively to help interpret recurrent dizziness and blood pressure instability.[] Court filings allege the chatbot reviewed his medical information and repeatedly discouraged him from seeking emergency evaluation, drawing on his previous ChatGPT queries about religion to assure him he’d recover.[][]

He later developed a pulmonary embolism that nearly proved fatal. The lawsuit accuses OpenAI of negligence and the unauthorized practice of medicine and seeks both damages and stronger safeguards for medical conversations.[]

“Scott Winters nearly died because ChatGPT acted like a medical authority while having none of the responsibility. If ChatGPT were a physician dispensing medical advice, it would be guilty of medical malpractice,” said attorney Matthew P. Bergman in a statement.[]

OpenAI spokesperson Drew Pusateri said that “ChatGPT is not a doctor and should never be used as a substitute for medical care, diagnosis, or treatment.”[]

Related: ‘Please, please proofread your AI notes’: A patient’s plea highlights a growing documentation risk

What doctors can learn

As LLM use becomes more common, physicians should expect AI use to become part of every history.

“With millions of people consulting LLMs for medical advice regularly, healthcare practitioners now need to know what to expect from patients with LLM-based opinions about their care,” wrote the authors of a research article in Nature Medicine.[]

Just as clinicians now routinely ask about supplements or internet research, it may become worthwhile to ask: “Have you asked an AI chatbot about this?”

Simply telling patients “don’t use ChatGPT” is unlikely to succeed.

Instead, physicians can frame AI as useful for:

  • Explaining medical terminology

  • Summarizing visit instructions

  • Generating questions before appointments

  • Reviewing educational materials

But emphasize that it should not diagnose urgent symptoms, determine whether emergency care is necessary, or replace clinical evaluation.

It's also important to identify high-risk AI behaviors.

Several situations should immediately raise concern if patients describe them, including delaying emergency evaluation because AI said symptoms were benign, starting or stopping medications without clinician input, following individualized treatment plans generated solely by AI, repeatedly seeking reassurance from AI instead of healthcare professionals, and ignoring advice from physicians because AI provided a conflicting explanation.

These conversations may reveal delayed presentations that otherwise seem difficult to explain.

Finally, reinforce "red flag" symptoms. Patients often understand that chest pain deserves attention, but they may be less aware that leg swelling, syncope, severe dyspnea, neurological deficits, or persist abdominal pain also warrant prompt evaluation regardless of what an LLM suggests.

Explicitly discussing these “AI-proof” red flags may become an increasingly important part of patient education.

Related: Largest ED malpractice payout in Georgia history slams two doctors

The communication challenge

One reason AI advice can be persuasive is confidence. “Knowing when to say ‘I don’t know’ is fundamental to human judgment, yet AI assistants offer a fluent answer to almost any question,” wrote the authors of an early stage 2026 study.[]

Patients frequently interpret fluent, detailed explanations as evidence of accuracy—even when the information is incomplete or wrong. In the 2026 study, researchers found that AI-generated advice can increase users’ confidence while making them less likely to acknowledge uncertainty, particularly when the AI provides incorrect answers.[]

That makes physician communication even more important. Explaining why a diagnosis remains uncertain, why additional testing is necessary, and why emergency symptoms require evaluation may help patients distinguish evidence-based clinical reasoning from AI-generated certainty.

Related: When AI plays doctor: Pennsylvania sues AI company its chatbot pretended to be a licensed psychiatrist

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