AI in Health Care: Winters v. OpenAI, Inc. et al. and the Expanding Liability Landscape

A newly filed California suit, Winters v. OpenAI, Inc. et al., may become the first case to test whether product liability and negligence per se theories can reach a generative artificial intelligence (AI) chatbot’s design and deployment decisions, after ChatGPT-4o’s health-related guidance allegedly contributed to a plaintiff’s near-fatal medical emergency….
By: ArentFox Schiff