Motions for Summary Adjudication (MSA) / and Motions for Summary Judgment (MSJ), are complex procedurally. You should be aware that if you lose this motion certain aspects of your claim will be thrown out of court and forever barred. I would recommend consulting with an attorney IMMEDIATELY to evaluate the merits of your claim, correct pleading errors and address the MSA/MSJ. It is unwise to handle this in pro per unless you have experience and/or training. Best of luck.
She really needs to see an ENT (Ear, Nose, Throat) physician for an evaluation of her ear. If you can prove that the original physician did something or did not do something that an equally qualified physician would have / would not have done you may have a claim for medical malpractice. Obtain the medical records, and consult with a medical malpractice attorney for a full review of your potential case. Best of luck.
You can always bring a suit. The real question here is whether you would be successful in recovering damages. If you did not have some legal protection (copyright, patent, contract, etc.) it may be very difficult to prove and succeed on prosecuting such a case. You should consider having a full case review completed by a qualified attorney. Best of luck.
It is hard because California has severely limited the recovery of these types of claims, and the cost to pursue them often outweighs the recovery. Also many firms do not handle these types of cases. If you suffered long-term effects from this medical error, you should look on Avvo to locate a medical malpractice attorney.
As I read the facts, this would be a medical malpractice case, not really a defective products case. Are you contending that the surgery was botched which lead to the infection? You really need a malpractice attorney to review your medical records and evaluate your case. Best of luck.