Which I guess it enough to get this point but seems reasonably weak. The fact that the show has been so successful probably hurts the accusation, too, because people don't look at it as ACTUAL ER. It's sort of like saying The Bear is ripping off Shameless because it shares an actor and a city.
But even if the accusation had ethical merit at some point, I don't know how you prove this in a court of law, ever. Too many medical dramas. ER was too influential. It's too loose a premise to really insist is a rip-off unless you are re-using characters and Noah Wylie simply isn't John Carter.