The objective of this work was to examine the regulations of the evidence regimes applied within the system of State Property Liability for failure to provide the medical service in the legal systems of Spain and Colombia; the unit of analysis that was established was, Review the basis of the evidentiary burden on medical responsibility as a state responsibility based on the study of the legal systems of Spain and Colombia and the main variables they were studied: To determine the basics of the probative regime of medical responsibility in Spanish and Colombian legal systems; Establish the characteristic and distinctive elements in each of the probative regimes in the Spanish and Colombian legal systems and comparatively identify the relationship of the foundation in the Spanish and Colombian legal systems probative regime for responsibility.

Keywords : Medical Responsibility, State Responsibility, Objective Responsibility, Subjective Responsibility, Test Burden, Administration, Managed.