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The objective of this research work is to carry out a study on the means of proof and how evidence should be taken in those processes where the non-contractual liability of the State is established when the damage is caused by the failure to provide the health service. To this end, it is necessary to first delve into how the medical company is defined in Colombia and how the different types of liability are established, then we will establish how the liability of medical institutions in Colombia and the emergency service is regulated, followed by a study of those cases in which the health institution fails to fulfil its obligation to provide the service. Next, we will address those cases in which the health institution fails to comply with the obligation to provide the service and finally we will conclude by studying the procedural evidentiary regime of the liability of the tortfeasor in the face of a proven and presumed failure, ending with a brief jurisprudential exposition.