Final answer:
The EMT's standard of care is based on common practices, instructional guidelines, and state laws, not on current trade journals, which are not typically used to determine care standards in a legal setting.
Step-by-step explanation:
In a legal action, the standard of care for an EMT (Emergency Medical Technician) is assessed based on several facets, which include common practices and protocols, textbooks and instructional guidelines, and the state EMS law and regulations. These standards are designed to ensure that EMTs provide professional and appropriate medical care to patients. The option that does not typically determine the standard of care is current trade journals.
Trade journals may contain helpful information and discuss new techniques or findings in the field of emergency medicine, but they are not generally considered a primary source in determining whether an EMT has met their duty of care. Instead, standard of care is more formally defined by widely accepted practices, educational materials, and legal frameworks. In litigation, a jury would evaluate an EMT's actions against these established standards, not the variable and sometimes speculative content found in trade publications.