NBC’s hit medical drama ER, which aired from 1994 to 2009, became one of the most well-known shows about emergency room doctors. Max’s new series, The Pitt, has brought back actor Noah Wyle, who played a key role in ER.
Both shows take place in fast-moving hospital emergency rooms, and both share a producer, R. Scott Gemmill. Because of these similarities, a legal dispute has now emerged pitting the new series against its predecessor.
Michael Crichton’s Estate Takes Legal Action Against The Pitt
Michael Crichton became a major Hollywood figure in the 1990s. His books led to famous films and TV series like Jurassic Park, Twister, and Westworld. Crichton created ER based on his experiences as a medical student. He passed away in 2008 at age 66, but his influence on medical dramas remained strong.
In 2020, producer John Wells started working on a reboot of ER, and R. Scott Gemmill was hired as the showrunner. Crichton’s widow, Sherri Alexander, became part of the discussions and said that Warner Bros. promised the Crichton estate a “created by” credit for the new series.
Warner Bros. allegedly agreed to pay a minimum of $5 million to Crichton’s estate. However, negotiations later broke down, and those terms were withdrawn.
In August 2024, Crichton’s estate filed a lawsuit against Warner Bros., John Wells, and Noah Wyle. The lawsuit claims that they changed the show’s name to The Pitt instead of giving Crichton credit to avoid paying the estate. The lawsuit states:
“Rather than afford Crichton the ‘created by’ credit he deserved, defendants would pretend their reboot was not his creation at all, thereby enriching themselves to the tune of millions of dollars… and depriving Crichton’s heirs of their rightful share.”
This legal claim suggests that The Pitt is an ER reboot disguised as a new series. The lawsuit argues that by changing the name, the producers avoided legal responsibilities while profiting from Crichton’s original work.
The Fight to Stop The Pitt From Airing
Crichton’s estate did not stop at just filing a lawsuit. They also tried to prevent the show from airing. In November 2024, HBO and Max executive Casey Bloys responded to the legal claims and dismissed the concerns. He stated:
“I will say the idea that a show can’t be set in an ER seems kind of unrealistic.”
Despite the lawsuit, HBO moved forward with the release of The Pitt. Warner Bros. took action by filing a motion to dismiss the lawsuit.
Their response to the court argued that The Pitt is a completely different show from ER. They insisted that Crichton’s estate cannot block Warner Bros. from making a medical drama just because it is set in a hospital.
The case remains unresolved, but The Pitt premiered as planned on January 9, 2025. It became one of the top five most successful premieres for a Max original series.
Are The Pitt and ER the Same Show?
The court case will determine whether The Pitt is truly an ER reboot, but many fans and critics have shared their opinions. Some viewers feel the two shows share too many elements to be considered separate, while others believe The Pitt stands on its own.
The Pitt has received many positive reviews, and critics have highlighted elements that make it unique. Each episode focuses on one hour in a 15-hour shift, creating a structured approach similar to the show 24. This format gives a detailed, intense look at the pressure inside an emergency room.
The show also addresses modern healthcare challenges in ways that ER never did. The storyline examines the impact of COVID-19 on medical workers.
Noah Wyle’s character, Dr. Michael “Robby” Robinavitch, struggles with PTSD from his experiences during the pandemic. The Pitt also explores issues like fentanyl overdoses, mass shootings, and the bureaucracy of hospital systems.
Because the show is set in a modern hospital, the topics feel timely and relevant. ER dealt with serious medical cases in its time, but The Pitt focuses on today’s biggest challenges in healthcare. The Crichton estate continues to insist that The Pitt is a copy of ER, while Warner Bros. argues that it is a fresh, original series.
What Happens Next?
Crichton’s estate remains firm in its belief that the creators of The Pitt should pay for using ER’s legacy. They believe they are owed credit and financial compensation for the show.
Warner Bros. plans to fight the lawsuit and defends The Pitt as an original work. The legal battle could take months or even years to resolve, but for now, The Pitt is airing successfully.
Viewers can decide whether they support the lawsuit by choosing to boycott the show or continue watching. However, skipping The Pitt would mean missing out on a high-quality drama with compelling storytelling.
The Pitt is now available for streaming on Max in the U.S., with new episodes releasing every Thursday.
