Of course they are. If you are in that situation, then the patient would die (asphyxiate, probably, since they cannot breathe) without help. The doctor _tried_ to help, in non-optimal circumstances, so as long as the mistake was not intentional or due to negligence, the I believe the law will protect you in most countries.
Remember also that it's not enough to win, you also have to win quickly and cheaply. If that protection isn't reasonably assured, that will tend to bias people towards non-action.
