Report 2625
A judge resolved a guardianship in which an EPS was asked to guarantee the right to health to a child with autism with the help of artificial intelligence. The sentence raised objections from the academy. Because?
Arguing the application of Law 2213 of 2022, which allows the adoption of information technology measures in judicial proceedings, **the First Labor Court of the Cartagena Circuit relied on the innovative artificial intelligence to resolve a guardianship action. **
The guardian family requested that the EPS Salud Total exonerate the minor Salvador Espitia – a child who was born with autism spectrum disorder – from charging the moderator fee for medical appointments or therapies and authorize the payment and supply of transportation since the plaintiffs They do not have the financial resources to cover these expenses.
The judge in the case, Juan Manuel Padilla García, decided that in his resolution he would include some concepts and sections of the legal problem using the Chat GPT application, which the following questions were asked:
Autistic minor is exempt from paying moderator fees in their therapies?
The response of the AI application:
"Yes, that is correct. According to the regulations in Colombia, minors diagnosed with autism are exempt from paying moderator fees for their therapies. This benefit is regulated by Law 1753 of 2015 and applies to all service-providing institutions public or private health services that receive resources from the general system of social security in health".
Is demanding the moderating fee in these cases a barrier to accessing the health service?
The response of the AI application:
"Yes, in some cases, the requirement to pay moderator fees can be a barrier to accessing health services for people diagnosed with autism, especially if they have difficulties obtaining income or if their financial situation is precarious. The requirement to pay fees moderators can prevent or hinder access to essential treatments and therapies for the well-being and development of children with autism.
Has the jurisprudence of the Constitutional Court made favorable decisions in similar cases?
The response of the AI application:
"Yes, it is true. The Constitutional Court of Colombia has made favorable decisions in similar cases related to the exemption of moderator fees for people diagnosed with autism. Jurisprudence has recognized the importance of guaranteeing access to essential health services for people with autism, and has argued that the requirement to pay moderator fees may be a barrier to accessing these services.
Here you can read the complete sentence
As described in the resolution, the use of artificial intelligence in these cases does not seek to replace a judge's decision, but rather to optimize the sentence drafting times.
Objections to the use of AI in judicial processes
For Juan David Gutiérrez, an associate professor at the Universidad del Rosario, the use of these technologies, although it can serve to speed up processes, has data verification problems and can even yield inaccurate or false results.
The academic said he was concerned about the resolutions obtained using AI because he does not consider it ethical. "The digital literacy of judges is urgently needed": said Gutiérrez.
In a data verification exercise, the professor corroborated that by entering the same questions that are exposed in the sentence, the Chat GPT system gave different answers and also, that the sentences and precedents that he argues are ** "invented" or "non-existent". **