We are not hear to give you legal advise. One does assume certain risks in having a treatment. It is very likely that in your consent, you were advised that these types of issues can occur following a botox treatment. Even in the studies perform my leading clinicians on the safety of botox, side effects like this were reported to occur in 2-5% of cases. It is my personal opinion that side effects will occur in a small percentage of cases even in the best of hands and that it does not necessarily mean that the doctor committed malpractice. You need to decide for yourself if this temporary inconvenience, a risk you accepted in having the service, is so grievous that you are willing to bog yourself down in the legal process. Ultimately that is a matter for you to decide.
Although this is complication does not occur often (less than 5%) it is typically the result of poor injection technique. The condition is temporary and may be corrected by a prescription eye drop until the Botox wears off and your eyelid returns completely to normal. I would recommend returning to your physician who injected you to discuss your concerns rather than an attorney. Best Regards, Jacque P. LeBeau, MD