HLC elders have been instructed on HIPPA as well. They are supposed to treat it very seriously. It's been mentioned regularly in talks on the service meeting recently about blood. It would make an interesting case to sue clergy for violating medical privacy rights. I think a legitimate threat of legal action to the elders (sent to the CO/service/legal dept) would likely bring about the desired result of 'not DAing'.
More importantly in this case, they only have one witness, from what I've read. A CO or service department member will overturn an JC ruling based on just one witness in heartbeat. I've seen elders removed for less.
Oompa might be too busy recuperating to deal with this. If that's the case a short two paragraph letter to the CO, should hold the matter in abeyance.
"Dear CO. (CC - my attorney and bethel legal and bethel service dept)
I just was informed that the elders of my congregation XXXXXX are going to disfellowship me. They are accusing me of consenting to a blood transfusion in my very recent accident. I absolutely deny that I consented to a blood transfusion. As for what treatment I did or did not receive, the doctors have informed me that such information was kept private as required by law, so no elder would have any access to such information, nor would they be allowed to share it among others if they did. It has disheartened me beyond words that so-called Christian shepherds would subject me and my family to a judical case behind my back while I'm still trying to recuperate from nearly losing my life in an accident. So due to my physical state (which will require an indefinite amount of time in physical therapy) and not being able to handle any more harsh and cold treatment from the elders, I cannot say when I would be able to meet with any elder regarding this matter. Perhaps sometime in the future I will contact you or the current CO at the time to discuss this. As of now, I would prefer no calls, letters, or contact, whatsoever regarding this matter. Please have the elders leave me alone and make no announcement regarding me, as I hearby deny that I violated in any way whatsoever, the Jehovah's Witnesses' teaching on the misuse of blood.
If, despite being in the condition I am in right now, the elders insist on carrying out an official judicial decision, I ask that before such action is taken, they please provide me with AT LEAST two witnesses to the accusation in writing. Again, due to my condition, I truly am unable to deal with such an inquisition right now though, so if the elders are able to provide two witnesses that will testify in writing as to the medical treatment I received and they stand by their admission to sharing this information to those unauthorized individuals (the elders accusing me of misuse of blood), please inform those witnesses, that I will have my attorney contact them. Anyone coming forth as witnesses to my alleged violation need to know that I am not able to represent myself in my condition, so I will be using an attorney if it goes this far. Hopefully, should such witnesses, wish to proceed in their allegations, you will make it clear to them and the elders that this will become a very serious legal matter, from here on out. On the other hand, as I am in full denial of the accusation the elders are making, it seems the most theocratic way to handle this is to let the matter rest in Jehovah's hands. I think we both realize that there are not two witnesses who will stand by the allegations, so the right thing to do, the theocratic thing to do, is to have the elders rescind the decision to announce my disfellowshipping/disassociation.
Sincerely
Oompa"
Given that from what I read here, the only witness is his wife - my guess is she would tell the elders that she just won't testify against her husband. Even if she did - that's still one witness. Case closed.
