OP here. BIL is very nervous about this surgeon even though the malpractice suit may be a nothing burger at the end of the day. He cancelled the appointment and is researching more options. We are near world-class hospitals so we’re feeling confident.

Just because there is a malpractice suit doesn't mean the surgeon was at fault. A lot of times if there is a bad outcome during a surgery/ hospitalization everyone is sued including the surgeon, anesthesiologist and internists. If a surgeon is in practice long enough(>15-20 years), there is bound to be a bad outcome or two and depending on the patient they may decide on a lawsuit. Doesn't mean the surgeon is bad. If there are multiple suits then I would be cautious.