January 30, 2013 16:34 IST
Lindsay was allegedly examined by a medical practitioner on Saturday, but was spotted on the same day enjoying a shopping-spree in SoHo.
Lindsay Lohan is allegedly too sick to appear in court.
The Liz & Dick star - who has been ordered to appear for a pre-trial hearing in Los Angeles after her probation was revoked last month because she allegedly lied to police about driving during a car accident last June - reportedly won't be there and her lawyer has filed documents notifying the judge she is too ill to fly.
The 26-year-old troubled starlet's new representative Mark Heller submitted a note from her doctor in Park Avenue, New York, saying she has an upper respiratory infection and can't fly for her own safety but also because her condition is highly contagious, according to gossip website TMZ.com.
He also sent the judge an article from the New York Post newspaper about a flu epidemic hitting the city.
Lindsay - who recently fired her long-term lawyer Shawn Holley - was allegedly examined by a medical practitioner on Saturday (26.01.13), but was spotted on the same day enjoying a shopping-spree in SoHo.
If the judge refuses to accept the excuse, she could issue a warrant for the actress's arrest.
Mark was recently said to be convinced he could keep Lindsay out of jail.
A source previously said: "Mark believes he can get Lindsay acquitted of all criminal charges stemming from her car accident in Santa Monica last summer. Lindsay has convinced Mark that she never lied to cops when they asked her if she was driving the car that day.
"There was a plea bargain offer on the table for Lindsay to go to rehab for nine months, but she absolutely refused that. Mark won't sign off on a deal that sends Lindsay to rehab for more than 60 days."