The Florida Supreme Court on Thursday refused to place a retroactive cap on medical malpractice damages in the case of a Miami oncologist slapped with a $1.47 million award for performing disabling leg surgery that turned out to be unnecessary.

Kimberly Ann Miles had one round of surgery for melanoma in December 2002 and had more surgery in January 2003 after she sought a second opinion from Dr. Daniel Weingrad. He wanted to make sure all of the cancer had been removed, the court summary said.