Call 911 or go to the nearest emergency room now if you are having a medical emergency.
You May Qualify If…
You asked ChatGPT or ChatGPT Health about symptoms and it told you to wait or book a routine appointment.
You delayed going to the emergency room or seeing a doctor because of what it told you.
Your condition got worse, or you were hospitalized, after that delay.
ChatGPT failed to point you to crisis help when you described thoughts of self-harm.
A family member died after relying on ChatGPT for medical advice.
Recognized Excellence
The Danger
ChatGPT Health Is Failing Patients When It Matters Most
OpenAI launched ChatGPT Health in January 2026, letting U.S. users connect their medical records and get AI-generated health advice. The first independent safety test, published in Nature Medicine, found the tool often played down serious emergencies. A University College London researcher called the results “unbelievably dangerous.”
A Pattern of Under-Triage
In the study, ChatGPT Health directed patients with diabetic ketoacidosis or impending respiratory failure to a 24 to 48 hour evaluation instead of the emergency department. It handled classic emergencies like stroke well.
Who Is at Risk
How ChatGPT Health Puts Patients in Danger
From missed emergencies to unreliable crisis alerts, flawed AI health advice can cause serious harm.
Delayed Emergency Treatment
ChatGPT Health under-triaged 52% of emergency cases, telling some patients with life-threatening conditions to wait 24 to 48 hours instead of going to the ER.
Respiratory and Metabolic Crises
A researcher who reviewed the study said a patient with respiratory failure or diabetic ketoacidosis had about a 50/50 chance of being told it wasn’t urgent.
Missed Mental Health Crises
Crisis messages appeared more often when a patient described no specific method of self-harm than when the patient did.
Crisis Safeguards That Vanish
In one test, adding normal lab results to the same message made the suicide help banner disappear in all 16 attempts.
A False Sense of Security
Experts warn that a confident, reassuring answer can lead people to stay home during an asthma attack or diabetic crisis.
Wrong Answers About the Condition
In an Oxford study of nearly 1,300 adults, people using AI chatbots identified the relevant condition in fewer than 35% of cases, no better than people using their usual sources.
Sources: Nature Medicine, Ramaswamy et al., Feb. 2026 · The Guardian, Feb. 26, 2026 · NIHR Oxford Biomedical Research Centre, Feb. 2026
What the Experts Are Saying
“If you’re experiencing respiratory failure or diabetic ketoacidosis, you have a 50/50 chance of this AI telling you it’s not a big deal.”
Alex Ruani, doctoral researcher in health misinformation mitigation, University College London, via, The Guardian, Feb. 26, 2026
How We Help
Legal Theories for ChatGPT Health Injury Claims
When an AI health tool gives dangerously inaccurate advice that leads to injury, the company behind it may be held liable. We review these claims under several legal theories.
Product Liability
ChatGPT Health is a product marketed for health decisions. When it gives defective advice, like telling a patient in respiratory failure to wait 48 hours, OpenAI may be liable for a defective product.
Negligence and Duty of Care
A company that builds a tool to read patient medical records and give health recommendations may owe its users a duty of care. Failing to make that tool meet basic medical safety standards may be negligence.
Failure to Warn
OpenAI’s disclaimers may not be enough given a design that invites people to rely on its health advice. The gap between how the product is marketed and how reliable it is can support a failure-to-warn claim.
Consumer Protection Violations
Marketing an AI tool as a health advisor while independent testing shows it under-triages more than half of emergencies may violate state consumer protection laws against unfair or deceptive practices.
Our Firm’s Experience
In October 2026, our firm filed Wan v. OpenAI, Inc., et al. in San Francisco Superior Court on behalf of the parents of Bowen Wan, a 31-year-old software engineer. The complaint alleges that ChatGPT wrote the schedule that took her off her prescribed anti-seizure medication and that she died as a result. The New York Times reported on the filing. The complaint and our press materials are at schenklawfirm.com/press/wan.
Meet Our Legal Team
Frederick Schenk
Managing Partner
Over 45 years of experience in personal injury, mass torts, and complex litigation.
Benjamin Schenk
Co-Founder & Trial Attorney
J.D. from University of San Diego School of Law. Graduate of ABOTA Trial College.
Lynn Schenk
Of Counsel
Former U.S. Congresswoman and the first woman elected to the House of Representatives from San Diego.
David Lizerbram
Partner, Head of Business Advisory
Leads the firm’s business advisory practice. Represented hundreds of clients in complex business transactions, entity formation, and corporate governance.
Why Act Now
Holding AI Companies Accountable for Patient Safety
AI health tools now reach tens of millions of people. Legal accountability is one way to make them safer.
Statute of Limitations
Personal injury claims have time limits.
Preserving Evidence
Chat logs, medical records, and timestamps that connect the AI’s advice to your medical decisions are key evidence. Save them now.
A Growing Body of Research
Peer-reviewed studies now document ChatGPT Health’s triage failures.
Claims for Families
If a loved one died after relying on ChatGPT for medical advice, family members may have a wrongful death claim.
Contingency Fee Basis
We handle these cases on a contingency fee basis. This means you pay no attorney fees upfront, and we only collect a fee if we recover compensation for you. The initial consultation is free and confidential.
New Questions of AI Liability
These cases ask how product liability and negligence law apply to AI health tools.
Frequently Asked Questions
Common Questions About ChatGPT Health Injury Claims
Get Your Free Case Evaluation
Tell us what you asked ChatGPT, what it told you, and what happened next. Our attorneys will review your case at no cost and with no obligation.
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Don’t Let AI Negligence Go Unanswered
If ChatGPT Health gave you or a loved one dangerous medical advice, contact The Schenk Law Firm for a free, confidential case evaluation.