The disgraced producer was also assisted by two security guards as he limped into court early December for a bail hearing.
His attorney Donna Rotunno said he was suffering from Type 2 diabetes.
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Hundreds have speculated that Weinstein was using his health issues to incite sympathy, something his lawyers said they were "dismayed" by.
"I was dismayed to see all the press coverage incorrectly stating that Mr Weinstein was trying to garner sympathy at his court appearance," Ms Rotunno said.
"Mr Weinstein was in a serious car accident in August, which resulted in a concussion and has now necessitated the need for back surgery later this week."
Why was Harvey Weinstein rushed to hospital after his guilty verdict?
Weinstein was found guilty of rape and sexual assault on February XX.
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But after the guilty verdict he was rushed to hospital suffering from high blood pressure and heart palpitations.
The Oscar winner was later pictured leaving the New York court in an ambulance in what was described as a 'precautionary measure'.
His was taken to Bellevue Hospital in Manhattan, which has a unit that cares for prisoners.