FOCAL POINTS (Courageous Discourse™)

FOCAL POINTS (Courageous Discourse™)

Winters v. OpenAI: Pastor Sues OpenAI and Sam Altman for Medical Malpractice, Alleging ChatGPT-4o's Advice Contributed to a Near-Fatal Pulmonary Embolism

Landmark case could shape how AI is used in medicine

Peter A. McCullough, MD, MPH's avatar
Peter A. McCullough, MD, MPH
Sep 25, 2026
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By Peter A. McCullough, MD, MPH

With patients bringing their medical information to artificial intelligence (AI) I knew this was bound to a happen. People cannot resist asking for free medical advice. I get requests through social media and email on an hourly basis. If a fiduciary relationship is established, and my advice did not meet the community standard of care in the setting of a bad outcome, I could be sued for malpractice. Why would this not be the case for AI giving out medical guidance.

🩺 The Winters Case: When the Machine Became the Doctor

The lawsuit is Winters v. OpenAI, Inc., filed July 21–22, 2026, in San Francisco County Superior Court. The complaint is real, the allegations are specific, and the case matters far beyond one pastor’s near-death experience.

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