If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, except that, after the effective date of this section, an action for personal injury to a minor under the age of twelve (12) arising from medical malpractice must be brought by the minor's parent or guardian within seven (7) years of infliction of the injury, provided a minor twelve (12) years of age and older must bring such action within one (1) year after attaining majority, but in no event less than two (2) years from the date of infliction of the injury, and an action for personal injury arising from medical malpractice to a person adjudged incompetent must be brought by the incompetent person's guardian within seven (7) years of infliction of the injury, provided an incompetent who has been adjudged competent must bring such action within one
§ 96.Persons Under Disability In Actions Other Than to Recover Realty - Exceptions - Personal Injury to Minor Arising From Medical Malpractice
Chapter 3: Limitations of Actions · Last amended November 1, 1987 · Last verified August 3, 2026
In one sentenceSection 96 gives a person under a legal disability one year to sue after the disability ends for civil claims other than real-property recovery, but sets special deadlines for personal injury from medical malpractice suffered by a minor or an incompetent person.
Full Text of § 96
(1) year after the adjudication of such competency, but in no event less than two (2) years from the date of infliction of the injury.
Amendment History
Amended by Laws 1987, SB 183, c. 78, §1, eff. 11/1/1987.
Plain-English Summary
This is the disability-tolling companion to Section 94, but for claims other than real-property recovery. A person under a legal disability at the time the cause of action accrues, other than a claim for a penalty or forfeiture, gets one year after the disability is removed to bring the action.
Medical malpractice claims get a carve-out. An action for personal injury to a minor under twelve arising from medical malpractice must be brought by the minor's parent or guardian within seven years of the injury; a minor twelve or older must sue within one year of reaching majority, but never less than two years from the date of the injury. The same seven-year and post-competency rules apply to a person adjudged incompetent, through that person's guardian, with the same two-year floor once competency is restored.
Frequently Asked Questions
How long does someone under a legal disability get to sue after the disability ends?
One year after the disability is removed, for claims other than real-property recovery or a penalty or forfeiture.
What's different about a medical malpractice claim for a minor under twelve?
The minor's parent or guardian must bring the action within seven years of the injury, rather than waiting for the minor to reach majority.
What about a minor twelve or older injured by medical malpractice?
That minor must sue within one year after turning eighteen, but never less than two years from the date of the injury.
Does the same rule apply to someone adjudged incompetent?
Yes, a guardian must bring a medical malpractice claim for an incompetent person within seven years of the injury, and once competency is restored, the person has one year after that adjudication, but never less than two years from the injury.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma medical malpractice minor statute of limitationsdisability tolling other actions Oklahoma12 O.S. § 96incompetent person statute of limitations Oklahoma