Harvey Weinstein to Undergo Back Surgery As Pain Worsens

Harvey Weinstein's lawyer has his back, and not just in court -- she's making it clear the disgraced studio mogul's NOT faking back pain for sympathy, and will actually need surgery.

Weinstein's lead attorney, Donna Rotunno, says Weinstein's back problems have gotten worse and he's scheduled to undergo surgery this week to fix the issue. The back issue, Rotunno says, stems from a serious car accident in August, which also resulted in a concussion.

Rotunno says Weinstein's been using a walker to assist him as his pain's increased. You'll recall, last week Weinstein could barely walk out of court without help from a couple of handlers. Weinstein was widely slammed for attempting to play the sympathy card.

But, Rotunno came out swinging ... slamming haters by saying, "I was dismayed to see all the press coverage incorrectly stating that Mr. Weinstein was trying to garner sympathy at his court appearance."

She went on, "Prior to entering the court, he wanted to leave the walker in the car, so it did not appear that he was looking for sympathy as he is not. The press surrounding his physical condition is mean spirited and false."