diabetic patient

You are a nurse manager of a medical unit. A diabetic patient stepped on piece of wood while walking barefoot in the halls. Is this considered contributory negligence or comparative negligence? Explain your answer.
Unless the patient has been diagnosed with some type of mental disability, I would consider contributory negligence. Contributory negligence states that if the plaintiff is found even remotely responsible for his own injury for whatever reason, he cannot receive any damages from the defendant (No author, n.d.). Initial I considered comparative negligence but according to our textbook if the injury would have occurred despite due care by the patient, the patient will be allowed at least a partial recovery(Showalter, 2012, p. 99). But, if the patient is of sound mind then choosing to walk in the halls barefoot, despite the fact he/she has diabetes, is a personal decision and as such is contributory negligence. Plus, Texas doesn’t use comparative negligence.
From the case study, differentiate between the surgery that was anticipated by the patient and the actual surgery that was done for which a battery case could be made. Explain the four theories in which damages may be sought by the patient. Describe the instances in which the surgeon can be considered a reasonable physician.
You are a nurse manager of a medical unit. A diabetic patient stepped on piece of wood while walking barefoot in the halls. Is this considered contributory negligence or comparative negligence? Explain your answer