The widow of the creator of the series “Emergency” is authorized to sue the producer of “The Pitt” for “clear and numerous similarities” between the two series

Is the chief doctor played by Noah Wyle in The Pitt a little too reminiscent of his character in the series Emergency thirty years ago? The emergency room of the Pittsburgh hospital in any case continues to spill ink... with a Californian court which ruled, Wednesday, November 4, that the similarities between the two series were numerous enough for the complaint of the widow of the creator of ER to be examined by a jury.

A trial could therefore be held in 2027 in Los Angeles, against Warner Bros Television, producer of the two series... unless the two parties reach a settlement by then. “I am deeply pleased with the appeals court's decision and look forward to having our case, which concerns writers, creators and their families, and their estates, presented to a jury,” Sherri Crichton told Variety. The third season of The Pitt is expected to be released in January 2027...

The widow of Michael Crichton, the creator of the ER series, had been trying to sue for two years, but Warner Bros. has so far taken steps to have her complaint dismissed, explaining that the similarities were normal in series involving emergency room doctors. According to the producers, the fact that two series take place in a hospital is not enough to make one a derivative work of the other. But a certain number of elements convinced the court. First of all: the executive producer of The Pitt, John Wells, who was also one of the main producers of ER, would have been inspired by it. Multi-award-winning actor Noah Wyle also starred in both series. Finally, R. Scott Gemmill, who served as executive producer and writer on a number of episodes of ER, is now the creator and executive producer of The Pitt.

“Clear similarities” between the two series, according to the court of appeal

“There are clear and numerous similarities between The Pitt and ER,” notes the appeals court, cited by the Associated Press agency, arguing that the two shows take place in an emergency room and feature “often incomprehensible” medical jargon, overlapping crises and graphic depictions of injuries. “Doctors and nurses are exhausted; there are emotional outbursts,” the decision reads. “Each features a young, incompetent doctor fresh out of medical school.” And the court concludes: "We find that the details here are sufficient for a prima facie case", in other words for the complaint to proceed. However, she does not comment on the definitive merits of the accusations.

Author and screenwriter Michael Crichton created the ER series based on a film script he wrote based on his experiences as a medical student. His 1994 contract for Urgences, The Guardian newspaper recalls, included a "frozen rights" provision that blocked any split or restart of his work without his approval. But Michael Crichton died in 2008. His widow, Sherri Crichton, filed her lawsuit in August 2024, five months before The Pitt's first episode debuted. Believing that this new series was an unauthorized relaunch of Emergencies, she notably accused John Wells, former producer of her husband's series, of "personal betrayal".

The appeals court's decision, however, does not mean that Warner Bros. has been found guilty of producing a derivative work without authorization. She just authorizes the possible holding of a trial, arguing that Michael Crichton's widow has sufficient evidence for the merits of the case to be examined in court. Noah Wyle, John Wells and R. Scott Gemmill were excluded from the procedure in their personal capacity.