PHOTOGRAPH BY WARRICK PAGE/MAX

“The Pitt,” Max’s 15-episode hospital drama set and partially filmed in Pittsburgh, has been renewed for a second season.

But how far production will move forward may depend on the outcome of a lawsuit filed last August by the estate of Michael Crichton, the originator of NBC’s long-running “ER.” His family claims “The Pitt” — which tracks a 15-hour shift in a busy emergency department — is too similar to “ER,” and the estate holds the rights to that show.

Crichton, the prolific writer also known for churning out such thrillers as “The Andromeda Strain,“ “Congo” and “Jurassic Park,” died of cancer in November 2008 at age 66.

Variety reports this week that a judge has given the green light for the family’s lawsuit to advance.

“The Court finds that the evidence submitted by plaintiffs meet the minimal merit standard to demonstrate at least a prima facie case that ‘The Pitt’ is derived from ‘ER,’” the judge wrote.

A spokeswoman for Crichton’s widow, Sherri, hailed the decision, calling it “an important win for Michael Crichton and the entire creative community,” according to Variety.

“The Pitt,” like “ER,” stars Noah Wyle, who played John Carter on the NBC drama for 15 years through 2009. Wyle is also executive producer on “The Pitt” with former “ER” producers John Wells and R. Scott Gemmill; all are named in the suit filed against Warner Bros.

Wyle in January told an audience of emergency staff at Allegheny General Hospital, where scenes have been filmed, that “The Pitt” is different from “ER” because it focuses on the medical staff and aims to present a more realistic picture of modern emergency medicine.

“Sherri Crichton was thrilled that the original team behind ‘ER’ wanted to do a reboot and was shocked when Warner Bros. abruptly broke off negotiations and announced ‘The Pitt’ — a carbon copy of the ‘ER’ reboot that was pitched to her,” the spokeswoman said. “The Crichton Estate looks forward to presenting its case to a jury and is confident it will prevail.”

Wells has contended that “The Pitt” is not based on “ER.”

“Our intent with ‘The Pitt’ is to examine — and contribute to the public discussion on — the challenges facing emergency medical providers in the post-COVID world,” he told Variety.