In Medical Malpractice case, if the defendant-Healthcare was served with the 90-day NOI, and during those 90 days, the defendant ignored and...

Question

In Medical Malpractice case, if the defendant-Healthcare was served with the 90-day NOI, and during those 90 days, the defendant ignored and did not contact the Plaintiff at all, does that waive any arbitration/mediation clauses because the defendant made no attempt to contact Plaintiff, and thus, did not participate in any ADR, even though their Medical paperwork states Arbitration and Medical clauses before any patient signs it.

Answer

To my knowledge that has never been litigated like it has in real estate contracts. In nearly every case the healthcare provider does not respond or does not respond with anything meaningful.